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    Liberty University sues Jerry Falwell, Jr. - Part 2

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    Liberty University sues Jerry Falwell, Jr. - Part 2

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    Liberty University sues Jerry Falwell, Jr. - Part 2

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    17K views24 pages

    Liberty University Sues Jerry Falwell, Jr. - Part 2

    Uploaded by

    ElizabethRiebe-Thomas
    Liberty University sues Jerry Falwell, Jr. - Part 2

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    oncivehly ne sant up to $2000 in alletve Hania es, with a fre pusher, posible of pt 90 hours of eammanity serve H,_Reaiing that he had made a serious mistake ~ Falwell. deleted he Insiagrom post sory afer is August rl release, But Fae Jr, soon made 2 ‘compounding blunder. attr thn engage Lier’ publ elatos group assist wth ello Falwell instead cok tote saves atlempinghisownelean up, 1ecalaineoa es Lymer i 08 an August $2020 and fed a shred extn ofthe unzipped pats oo, mS good fn an dating that he ha apologized to hs fay and promised 25nB forward he sos hea yood boy hin olga on/202008 items esis scondlous ach itures.vhenewhstesst-msan-g0d- i 45. Commentators onsoci meta quesoned Falwell’ sobriety during the aio sto” alin, While be dese the word abut hs usc sabes through aio aces, Falwell Je ame no August 5 apology to the Board at Liber regarding the inde, nor ide sue promis to Liberty of improved behavior going format 6. Atti tow juncture fer abl J, his wife Beck stepodin. Aer he radio shove incident se comactd tee members ofthe Liber Excetve Commie ole them what she decibel as her hush’ s excessive we of lebol. She expressed concer hat drinking was adversely overtaking Falwell e's thinking and ations, She believed e node 10 go may for weament, and tha vas time wo take ht courte. Beck's heart appeal made an impact on questionable publi Liteny’s leaders and helped provide context for understanding Fabel comments, worrying behavior, and inappropriate scil media posts 87, On August 7,202, the Executive Committee confered with Falwell Jr, and he concur it as best that he aketimeofft bea physically and spiritually. n the meeting, Falwell 25 seconded ht be had fle sro Priel ands ad Be 0K a responsibilty for scommivedo asbbaizal teat an fe, which he xecive Commitee YAS istions. nina to supper. indicted in the August 7h meting at he had considered rave driven him wo Todge the offending i ot ink twas necessary. This comment didnot se 88, Important, Falwell. proving decper dal about esol mats that might cation posts, bute coeluded he ‘he EncuiveComuite spat compelingt th ie aiough t would BS pivotal as events unfolded. 29, Cnamoresupricil eve, Fal di muse inthe meeting hate igh Rae secon oe daring the slowdown ned by COVIDLI, Fw encode had een ding sity bins that he hu ate srs him, The prospect oe pate of is heartened Liberty's Boar ender. ‘0. The August Tih meeting ended wth the Executive Carmite's expression oFo¥e foe Fle rar th members commitnent pay fr hm was agreed that Liberty would ae Fall Jon leave of abnce daring which it woud pay fr Falwell Js reba The xceuive Committe further agreed to recommend this course of action tothe fll Board for raifcaton and determined tht it would release abi slateent followed by a more expansive ne. The Excetve Commitee lastly decd tha President Fal, would nor issueasttement ofhisown, 91, Twweto plan, Liberty briefly announced Falwell Jr's eave absence immediately, and citcumspectly. Once th message was ou, communication professionals worked on a longer statement rom the Chairman ofthe Board of Testes. The Exceutive Committe then proceeded 26 95. _Athough he image was not conerporaneaus wih its leas, ths wet 00m caibion stinod yet another round of mockery and costrmation in the media bape comel beareite-Bk! 96. On August 2, 2020, Falwell raced yet another bombshell into the Fxecutive Comets’ path. On tty the Executive Commitee eae om counsel hat he day before, ‘on Angst 25, 202, Fal J ad subi the Statement 10 the Washing Examine, his anemptt peempt tll fx tht Gra isl had Been pearing to push with Reuters. Ths eelation was coupled with suggestion to Libby Fal an is atone thle Lib President cout tenders rexgnton der the contact a viable eslaon tote wit afconrovery tt woul neil ens on the hes fhe diosa of he dating ‘eros fthe long. concsled extramarital afr and atop at exotion, 57. Falvell Je’ employment comme forbade hm from publishing witht the Libty Exceatve Commite's prior aset othe copy. The Exceutve Commies had expressly ferbien a post abot Faves sabbatical Reprs,with he Bist of vance otc to Liber, Falwell Je sisal the Stent, « 1200-verd statement tat the Washington -Eaninrpubishe vba, basket by same eon and nays by the publion, and Falwell e's om comment. Inthe Semen, Fall Js eonfsion” Fale. advised the Hashingon Examiner sbout mats he eer eee tothe Liberty Exceutve Commit. 98 Inthe Statement, Fabel acknowiedgd twas wrong fim o have suppressed the information about Grans’sextonion fom his Boud ad the wider Libeny family, He cmt that ie Liber community deserved to ea the salacious soy dietly. He concluded that th only way to stp [Grande’]prdatory behavior [vas] 0 go puli:” He conceded hat “shouldn't have been aad to adit my vulnerabilities and 1 reach out for assistance fom 28 ended his admission with n appeal forthe community ment heath professionals...” Falwell to extend tothe Falwell thei forgiveness 4, Though hese medi communications Falvel feed detail Lier ht he ha at the time ofthe 2019 Employment Agreement, samely the Executive Commitee never h demise ofthe Granda Plan son becksory behind his August 2020 blow-up with Granda, andthe stata pompld ty Flues lp Gn etn of Grand’s demands on ne 3, 200 100, Atthetimeothissoul-sarhing Angst 23 disease tote Washington Examiner Falwell knew tht his new Employment Aaserent was signed He also knew that he had iment package that credited him with more ase PY ofthat even Liberty fired egoited 8 severance andre twice the severance, funded retiement pla, and a igh, perhaps to coll all him, 101, On Augist24, 2020, Granda unveiled his side ofthe sordid story, the form ofan caplsve Renors al. hifi es onsen ssciasepoiasfls: telatonsin. Video and audio recordings suppoting some key details of Granda’s story were posted online. 102. Granda it Fall J, wil the Liberty President was being illoridin the media. Grant's tition ok iladvantaeof Fle e's seid wounds over the “undpred ams” picture. Ganda unveiled al the embarassing details tat Falwell Jr. had worked with ‘Granda since 2014 0 suppress. Granda and Rees spun an asnun of predatory action by he Falls agains boy the age of Liter student 103. Outotthe Reuters pice came Grands version othe longstanding afar between Becki and Granda, and a eoversp process led by Falwell Jr. These were issues about which Falwell ed ctvely kept Liberty inthe da, as Falwell had confessed forthe very fist time {he day alert hed pany, nhs unauthorized Washington Examiner submission. The dia coverage from other outlets mostly used Fav Jr's own statement fom the Washington Examiner o bolster Grande’ crib 104. fcr constaton, the Executive Commitee authorized negotiations to ake the Executive Commitee andthe Falwell Je up on his offer to resign. fer considering dela Board advised Falwell that he should resign at once ot face the prospect thatthe Executive Commitee woul recommend his termination tothe ill oad 105, The Executive Commite’s decision was driven bya numberof factors: the litany ‘oF compromising decisions entered into by Falwell J, Beck's revelation about the alkohol abuse ‘at was fling this erate string of events Falwell J's denial ofan aleobol problem. Falwell ‘Yrs resstance to commit to treatment decmed appropriate by the Executive Committee, Falwell's now-admied concealment and misrepresentation ofthe Granda Allegations, and Fabvell J's ‘unwillingness to ake seriously de rave treat that his aggregate ations posed to Liber. 406, On August 25, 2020, Falwell J. finaly conceded that complete resignation was in Nis est interest He did so, however, afer changing his mind about resignation and trying to negotiate for more in separation from Liberty than his contact afforded him. 107, While Falwell, Jr. greed to step aside, it was with shallow appreciation for the fare ranging damage he had ceused, tn unauthorized commentary tothe medi, Falwell stated: “The ‘oant put me on eae for showing my belly ina picture and my contract doesn't allow tha... ‘8 years, and think there's something es inthe cant forme. And so the board ws gracious ‘in ecetng my resignation. and i's time to move on” hipssvse com ewvTocave-haves sbessironsestlationship-becki-spesks-out-on-afur-denes-jery watched 30 Ealwell Migrates From Forgiveness Sceker to Fighter 108, Falwell Jes resignation fom the Presidency didnot unfold as contemplated. The Executive Commitee became growingly concerned that Falwell J. was honoring neither his omimiment to leave nor his contract, On information and belie, and according to news repos, Fawell~a preticing Virginia laryerhad confer improperly about his employment situation wit couse that Libery had eetaned on ther cass in which Falwell Jha bon a iduciry of the Board, and witness, tw. reuters.con/atillus-us-flwell-elaionshi= cxclusineoncnsve-businessgaretofflwel-syshe-hadlong-af-wih-evanglial- svercouplesdUSKBN2SKIZO. The subject matter ofthe interaction with Liberty's ehosen counsel ms Fale e's personal employment igh againt ibe. As Pawel knows, Virginia this laws donot pet such onsutaton. 109. Fall J, soon ened apps, second counsel. Flwell began ‘ishing back again the ems of his resignation, Fabel improper and nani announced to the moti a $105 milion expectation for his severance, The agreement Falvel J, neztited spi $250,000 two yeas py a the Presiden’ newly. neottd and expanded ae U0. Liberty was unui ale Js representation tthe media was just puter and ‘eagung or ome amp ost up a elim fr atonal compensation above and beyond what appeared in Faves ontac sted py for resignation 111, On August 28, 200, he Executive Commit greed satisfy Fall's demand fora “Good Reason resignation together wih its severance payout Falwell was ths ble totakeavanage ofthe escape hatch tht had gost nto the 2019 Employment Agreement his insurance policy agsinst the simmering Granda Allegations that he wl! the Washington Examiner was “predatory behavior,” anda fatal atrction'type station.” 31 Falwell Jes Hard Fall 112, AL ellon August 31, 2020 brought police tthe Falwell farm on Bek epor that Fall J had locked hms, and had stumbled down stirs, experiencing injuries. Police and meds tended Fall wasp to preset with abrasions and sled speech, Media tained the 911 call and subsequent reports. First responders spite alcoholic beversge containers about the premises, While Falwell Je. advised the Washington Examiner on August 23" that he was inthe “arly stages of addressing” issues of mental health the process appeared rot have proceeded very fr extensive examination of and 113. Though momentarily humbled by news media criticism about his private filings, Falwell J. had reemerged wing again to practice is rica rand of dish forthose who would llenge him even those who bit he platrm hat made him the housshold name Falvel i today. On Ostober 28, 2020 Fall ils a Innsut gains Lier alleging defamation 114 Inthe Comping, Fallin the main las ec forthe Granda affiranconer up He shows litle empathy forthe worn who sought testment for im for aleobol abuse, and ose loyalty and fer for his wellbeing fale her outcach to Liberty's Executive Commitee COUNT ONE: BREACH \CT/ CONVERSION 11, Liberty incorporates paragraph It 1M above 116. The 2019 Employment Agreement, at Section 3.8, permits Falwell J. access to “confidential information of LU pertining to students alte, employees, donors, operations, processes, sntegis, finances, suppliers, vendors, contacts and other matters not pblisty iselosed by LU (Confidential Infomation’) Confident Information remain the property of we 117, Falwell Jr consistently refused tous his assigned ibertye email adres fr his ‘communications about Liberty business, insising instead on maining an eral adress wih thi party internet service peovider for which Liter paid 118, While Falwell, Je, went o great lengths to avoid storing his communications and ter busines data on Liteny’s system, he did requte Liberty to provide him with devices, computers, phones, apps, ee fr his us, and o pay forthe services charged by the thi party services. Specially, Falwell J, was sued by Liberty a Surfce Pro 3 laptop, bearing sri number 7462445283, 118. During his employment, Falvel J. worked independently on many ofthe dels, States, negotiations, and undertakings impacting Liberty. He had complete ocess to fils, recor, nots, emails dats, and infomation pertinent othe categories of Confidential Inermation ewiled above, Atte same time, many Key documents lating Liberty's busines, ineluting (Condes informations tore on vies provid bythe Univesity, on third party systems, ‘0 which Falvel, has contol and aces, but be has fied to retum to Liberty oF provide access codes, 120, As Libeny’s Presiden and Chancellor, Fall also had an independent dy to keep all of this infomation conden, and not to use it other than on Liberty's bell 121. Such infomation was andreas all ies the property of Liber 122. Falwell J, has been put on mdse repeatedly to preserve and no destoy sch Confidential information as its ncesary for Libero dein and prosecute various sus, both pending and contemplated 8 123, Upon terion of his emplyment Fall J hada uty to est ll of Liters propa —incuing compres, wl a al Confident Inirmation 124, all J as ben asked at as reise fly 1 eu Librt's Conia Information and ther penoal propery in teach ofthe agreement and is Hel est Liber 125, Inthe allem, the propery meno in $4117, 118 and 119 above is the ronal propery of ibn 126, all J. cme no coal of his propery, hut as eld fly tu the ates and ain at 127, Falwell e's ats of dominion have dpe Liberty of te posession of ts rope isin dernation ofthe ghana Liter: 128. On inoraton and i, Liby fs bon damaged in an sont in exces of 250,00, naterht it may hve to ei one pores. ‘COUNT TWO, BREACHLOF FIDUCIARY DUTY 129, Liter incooratspaagphst 28 above. 10. as y's Preside, Chancellor, nds member ofits Boat of Tras, Fale ‘a dca dy to proidematril infrmation tthe Bor, retin om shar o he inurests of Liber, avoid sont of interes, and jet opportunites to benefit his personal interests to the detriment of Liber. 131, Falwell Je. refused to dslose o Liter the Granda Allegations and Grands's conve tests wile the Libeny President was negtiting for and entering ito & 2019 Employment Aascement th ised Falwell Jes pay, eteted a etrement plan and esched hs severance. The sweetened severance provision and funded retirement plan advantaged Fall u ‘adverse contitions caused him to choose resignation knowing be was inpaied by extortion threats, and by therefre passing the ancl ik o Listy th (Grand’s extortion woul end Falwell Jes employment with Libeny, 132, Falwell breached his fiduciary dates to Liberty by accepting a severance Payment from Liberty in 2020that Liberty was required to pay pursuant to the 2019 Employment Agreement 153, Had Libeny’s Executive Commitee known in 2018 or 2019 that Granda was ‘tempting to extort Falwell and thas planning to amage Liberty, and had it known the fal.

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