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Nassar in the news: Alleged victims and attorneys challenge gag order

April 6, 2017
Former MSU employee Larry Nassar looks to the court during the arraignment on Feb. 23, 2017 at 55th District Court in Mason, Mich. Nassar pleaded not guilty to 23 criminal sexual assault, first degree.
Former MSU employee Larry Nassar looks to the court during the arraignment on Feb. 23, 2017 at 55th District Court in Mason, Mich. Nassar pleaded not guilty to 23 criminal sexual assault, first degree. —
Photo by Chloe Grigsby | and Chloe Grigsby The State News

Documents show Larry Nassar told MSU officials he was planning to start seeing patients again in July 2014, even though he had not yet been cleared of sexual assault allegations, according to the Lansing State Journal.

The documents show Nassar told several people at MSU, including the dean of the College of Osteopathic Medicine and the Title IX investigator assigned to his case, that he was planning to return to clinical duties on July 1, more than two months into the internal investigation.

The State Journal reports:

“It’s unclear whether anyone at the university, which fired Nassar in September, stopped him from seeing patients during the investigation.”

In a conversation on Tuesday between MSU spokesperson Jason Cody and Matt Mencarini of the State Journal, Cody declined to say if that occurred, but said as part of the 2014 investigation Nassar was reassigned from clinical duties and that, because of pending litigation and internal investigations, it was inappropriate to comment further. However, Cody said to the State Journal in an email on Friday that Nassar “did not see patients while the investigation was ongoing.”

Documents obtained by the State Journal show a June 20, 2014 email from Nassar to Kristine Moore, the university’s Title IX investigator assigned to the internal sexual assault inquiry. In the email, Nassar said he was leaving for a family vacation and then returning “to the clinic July 1 to see patients.”

The State Journal Reports:

“It appears as if Moore then forwarded Nassar’s email to WIlliam Strampel, dean of the College of Osteopathic Medicine, and two attorneys in the university’s Office of the General Counsel.

Nearly all of what Moore wrote in that email was redacted from the copy provided to the State Journal.”

Then Strampel wrote back the following morning on July 1.

“Larry, if you do have patient (sic) scheduled, Please (sic) be sure you have someone in the room with you at all times until the report is finished,” Strampel wrote. The State Journal said Nassar told Strampel in an email later that day that he arranged to have athletic training students shadow him in the clinic.

The 2014 internal Title IX report that cleared Nassar of any MSU policy violations was finalized on July 18. The letter to the woman who reported that Nassar sexually assaulted her wasn’t dated until July 28, according to university documents the State Journal obtained last year. Nassar and Strampel reached their agreement on protocols required for Nassar to return to full practice on July 29.

More than 80 alleged Nassar victims suing judge over gag order | The State News | By Brigid Kennedy

Ingham County Court Judge Rosemarie Aquilina issued a gag order last week to bar both parties in former MSU employee Laray Nassar’s alleged sexual assault case. Now more than 80 alleged Nassar victims and their attorneys are suing the judge claiming Nassar’s attorneys are “trampling (the plaintiffs’) First Amendment rights to freedom of speech and expression.”

According to the lawsuit, the gag order creates a de facto requirement for alleged Nassar victims to file a lawsuit before they can publicly tell their story. This violates the Supreme Court’s ruling in Citizens United v. Fed. Election Comm’n that states “no citizen of the United States should be required to engage the services of an attorney to exercise his or her basic, fundamental constitutional rights.”

Attorneys Stephen Drew, John Manly and Jamie White filed the motion on Tuesday for a temporary restraining order.

This comes as an attempt to halt the gag order.bb The suit also alleges the plaintiffs, in cases against Nassar, were not given a copy of the motion or informed of the hearing.

The issued gag order bars both parties from speaking publicly about material not already in the court record and also bars attorneys from publicly commenting on the strengths or weaknesses of the other side’s case.

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