Update 10:15 a.m.: Attorney General Mark Herring announced Mark Filip will not serve as the University's independent counsel to address its handling of sexual violence, given his prior affiliation with Phi Kappa Psi fraternity. "This situation is too serious to allow anything to undermine the confidence in the objectiveness and independence of this review," Hering said in a press release.
Lawyer Mark Filip, who was selected by Virginia Attorney General Mark Herring to lead a review of the University’s sexual misconduct policy at the request of the Board of Visitors, was a member of Phi Kappa Psi fraternity, the national fraternity organization's archives confirm.
In an email to members of the University community sent Thursday evening, Rector George Martin said Filip will work alongside the Board and the University administration to help determine how the University can better address sexual assault on Grounds — particularly examining how the University can successfully prosecute sexual assault cases in criminal courts.
“The counsel will examine the relevant legal issues as well as the University's policies and processes, giving particular attention to the question of how to respond in situations where there is serious and credible information about sexual misconduct but no willing complainant,” the email said. “The counsel will share his findings and recommendations with the Board of Visitors, President Sullivan and the Attorney General.”
Filip, who graduated from the University of Illinois in 1988, was the formal rush chairman, according to a Winter 1988 edition of “The Shield,” the official alumni publication of Phi Kappa Psi.
Rolling Stone magazine published an article Wednesday detailing an alleged gang rape of a University student at Phi Kappa Psi fraternity in Sept. 2012, prompting an administrative response.
Filip is currently a senior partner with the firm Kirkland and Ellis, and is a former prosecutor, federal judge and deputy attorney general of the United States.
— Michael Drash contributed reporting to this article.