Concerned Alums - Lawsuit Update
Dear Concerned Community, We're reaching out to provide an update on the legal proceedings against Portsmouth Abbey School and our group's parallel efforts towards transparency and reform. At the end of 2020, Ms. Jane Doe filed an Amended Complaint in Providence as a matter of right. The Order of St. Benedict in Portsmouth responded by filing a Motion to Dismiss the Amended Complaint under Federal Rule of Civil Procedure 12(b) on January 21. The School's counsel asserts that, assuming that all of Ms. Doe's allegations are true, they still do not support a legal right to recovery. Essentially, they argue that Ms. Doe’s own pled facts conclusively establish that her claims are barred by the applicable statute of limitations, which the school is asserting as an affirmative defense. Ms. Doe will file her opposition to the Motion to Dismiss on or before February 26, and the Order of St. Benedict in Portsmouth will file its Reply in Support of the Motion to Dismiss on or before March 12. In light of these developments, as well as recent communications from the Alumni and Development Office, we sent the following email to the Board of Regents on Friday, January 29. We CCed the entire Abbey faculty and staff and BCCed all class agents. As of this afternoon, we have received no response. Dear all, As we never received a formal reply to the letter we sent on December 16, we’re following up to clarify a few points about who we are and what we seek to achieve. We also wish to address some recent communications from the School implying that the legal proceedings are an adequate substitute for a full and thorough independent investigation. In recent outreach, the Alumni and Development Office (to whom the attached letter is not addressed) has questioned our credibility and implied that we do not have Portsmouth Abbey’s best interests at heart. On the contrary - we and the other 300+ community members who signed the letter care deeply about the School and its future. Notably, a number of our signatories are class agents who have labored tirelessly for the wellbeing of the School (and who have been forced to field requests for resignation during the last two weeks). Countless others have lent encouragement via video conference, phone call, text message, and email, but haven’t signed the letter for fear of reprisal. The support we’ve received goes beyond Jane Doe’s case and is overwhelming; our community cries out for change, and the School ignores that cry at its own peril. We recognize that the pending litigation may make transparent communication, outreach, and action inadvisable to those concerned solely with the School’s potential legal exposure. But it is improper for the School to imply, as it has in recent communications, that the legal proceedings are the same or even similar to an independent investigation grounded in good faith cooperation amongst Community members to reach the truth of this matter, however upsetting it may be and whatever action it may necessitate. It is particularly galling for the School to draw this equivalence as it asks the court to dismiss Ms. Doe’s claims based on the statute of limitations. As the School well knows, if successful, the motion to dismiss will end the lawsuit before any discovery ever occurs. We wish to be perfectly clear. Should the School succeed in getting Ms. Doe’s claims dismissed on these purely procedural grounds, it will have no impact on our demands for an investigation on the terms we have stated. It will not be, in any way, a vindication or exoneration of the institution or its leaders. Should the motion succeed, we pray the School will have the integrity not to pretend otherwise. If we are ever to heal as a Community, we need much more than a procedural bailout from a court. We need the truth. We beg you to embody the value you claim to promote: Veritas. Jane Doe has suffered immensely. Even if the School did not act with the specific intent to deceive Ms. Doe into missing her statute of limitations (something that remains to be seen), the obvious conflicts of interest resulting from the School’s machinations have created an appearance of impropriety that is utterly devastating to its reputation. We hope to collaborate with you to discover the truthful facts of the matter when the time is right, but in the interim we need a clear indication that this most basic fact is understood. The School must take action to show these constituents, and the wider world, that it treats Ms. Doe’s allegations of collusion with an appropriate degree of circumspection and humility. We cannot control the outcome of the School’s recent motion to dismiss. However, the judge’s decision has no bearing on our belief that, at least for now, Messrs. McDonough, Perreira, and Behnke must step aside. This is not a procedural point; it is a foundationally necessary signal of your commitment to our Community. Every day without decisive action further erodes the Abbey’s credibility, good public standing, and prospects for a successful second century. Sincerely, Concerned Alumni This fight is far from over, and we are more grateful now than ever for your continued support. Please feel free to reach out to us with any questions, concerns, or suggestions for how we might continue to engage with the Abbey. We hope that this message finds you and your loved ones safe, healthy, and happy. Thank you, Concerned Abbey Alums
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