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VMI resists letting investigators interview cadets, faculty without its lawyers present, report says
Last edited Tue Feb 9, 2021, 04:30 PM - Edit history (1)
VMI resists letting investigators interview cadets, faculty without its lawyers present, report says
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VMI resists letting investigators interview cadets, faculty without its lawyers present, report says
By Ian Shapira
Feb. 8, 2021 at 10:16 p.m. EST
The law firm conducting the independent probe of allegations of racism at Virginia Military Institute reported Friday that the college has resisted allowing cadets or faculty to be interviewed without VMI representatives or lawyers present.
The firm, Barnes & Thornburg, said agreeing to those terms would “undermine the independence and effectiveness” of its inquiry, discourage VMI cadets and teachers from speaking candidly, and put their confidentiality at risk. ... The dispute has delayed progress on the investigation, for which the state allocated $1 million.
Now VMI is proposing that cadets or employees be “given the option” to have the school’s lawyers with the firm Eckert Seamans Cherin & Mellott accompany them, according to the report. But the independent investigators are objecting to that proposal, too.
“The [investigative] Team finds this solution just as problematic and undermining of the audit’s objectives, if not more so, than having VMI counsel present for all interviews,” the firm’s investigators wrote. “The Team has asked Eckert why VMI wants its counsel in the room during interviews, but Eckert has not provided a clear answer and in doing so has cited matters of attorney-client privilege. VMI and the Team are still working through this issue.”
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Ian Shapira
Ian Shapira is a features writer on the local enterprise team and enjoys writing about people who have served in the military and intelligence communities. He has covered education, criminal justice, technology and art crime. Follow https://twitter.com/ianshapira
VMI resists letting investigators interview cadets, faculty without its lawyers present, report says
By Ian Shapira
Feb. 8, 2021 at 10:16 p.m. EST
The law firm conducting the independent probe of allegations of racism at Virginia Military Institute reported Friday that the college has resisted allowing cadets or faculty to be interviewed without VMI representatives or lawyers present.
The firm, Barnes & Thornburg, said agreeing to those terms would “undermine the independence and effectiveness” of its inquiry, discourage VMI cadets and teachers from speaking candidly, and put their confidentiality at risk. ... The dispute has delayed progress on the investigation, for which the state allocated $1 million.
Now VMI is proposing that cadets or employees be “given the option” to have the school’s lawyers with the firm Eckert Seamans Cherin & Mellott accompany them, according to the report. But the independent investigators are objecting to that proposal, too.
“The [investigative] Team finds this solution just as problematic and undermining of the audit’s objectives, if not more so, than having VMI counsel present for all interviews,” the firm’s investigators wrote. “The Team has asked Eckert why VMI wants its counsel in the room during interviews, but Eckert has not provided a clear answer and in doing so has cited matters of attorney-client privilege. VMI and the Team are still working through this issue.”
{snip}
Ian Shapira
Ian Shapira is a features writer on the local enterprise team and enjoys writing about people who have served in the military and intelligence communities. He has covered education, criminal justice, technology and art crime. Follow https://twitter.com/ianshapira