First-year Law student Marta Sanchez is filing a complaint against Law Prof. Kenneth Abraham claiming she experienced "extreme discomfort" in an introductory Law School program last summer and is considering action against the Commonwealth.
On February 26, Sanchez filed a claim of assault and battery in Albemarle Circuit Court, seeking $25,000 in compensatory damages and $10,000 in punitive damages.
Sanchez attended an "Introduction to Law School and Legal Methodology" program, a presentation Abraham volunteered to teach to 20 selected incoming students. Abraham, a nationally renowned legal scholar in the field of tort law, was explaining a legal issue when, according to Sanchez's lawyer Steven Rosenfield, he indicated he should not do what he was about to do and "momentarily" touched Sanchez's shoulder.
"What some would characterize as mere touching to this victim was an extreme event," Rosenfield said. "What makes it different is that she was the victim at the hands of men in the past."
Sanchez, originally from Panama, was victimized at a young age during the turmoil and anarchy that surrounded the reign of Manuel Noriega and the United States' effort to remove him. Beginning at age 11, she was "terrified, molested and raped multiple times."
"When he touched her, she was very upset, she didn't know what he was doing or how far he would go," Rosenfield said. "Everything came flooding back."
After learning she was enrolled in Abraham's tort law class last semester and would therefore have a second class with the professor, Sanchez sought counseling and spoke with administrators who encouraged her to discuss the incident with Abraham.
Rosenfield said the talk was unproductive, leaving Sanchez with "no other way to seek satisfaction" than a civil suit. He said Sanchez was not interested in criminal charges and that he felt criminal intent was lacking.
University officials, including Abraham's legal representation, said they are unable to comment on the case because University policy forbids discussion of pending lawsuits. Abraham declined to make a statement.
Many University faculty members speak highly of Abraham, who has received national and University awards, and published several books used in over 100 law schools around the country.
"He is one of the most admired and respected faculty members, not just here, but among law faculties across the United States," said Richard Merrill, professor of law and dean of the law school from 1980 to 1988. "Even though he is one of the most widely published professors, he has always taught to a wide array of students."
The danger of facing lawsuits for routine classroom actions poses a unique question to faculty at the University and elsewhere.
"Some people have difficulty with people coming into their personal space, it's not unheard of," said Lenny Carter, crisis management coordinator at Counseling and Psychological Services.
However, forcing professors to check the mental state of each student would "place an unfair burden on professors," Carter said.
Merrill said faculty members are concerned that such an accident could result in a lawsuit.
"No one who teaches seriously is indifferent to students who are uncomfortable," Merrill said. "What is not possible is to know if there is something in their background that makes them overly vulnerable."
Law faculty expressed concern that, because of the nature of the field, students expect to encounter some adverse or uncomfortable material.
"Law is a combative profession," Merrill said. "People who come to law school are expected to be more resilient and open to challenge or controversy than other graduates might be."
Rosenfield also has served Attorney General Jerry Kilgore with notice that the Commonwealth may be liable for suit due to the incident.
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