Arrogance and self righteousness at Oberlin...can you see the venom dripping? How dare these peons judge the learned! So it's freedom of speech to destroy?

Oberlin College mass email criticizing Jurors could influence Punitive Damages Hearing in Gibson’s Bakery case

Posted by William A. Jacobson   Sunday, June 9, 2019 at 10:00am

Publicly accusing jurors of disregarding “the clear evidence our team presented” when the trial is not over is another baffling move by Oberlin College.

There are a lot of things about the way Oberlin College handled the Gibson’s Bakery dispute and lawsuit that have had me wondering who, if anyone, is in control over there.

As mentioned numerous times, “from the start of this case I have questioned the aggressive and demeaning attacks on the Gibsons as a defense strategy,” and “I’m still shaking my head at the tone-deafness of the defense in belittling this family business.” The jury seems to have agreed, rendering a combined $11.2 million compensatory damages verdict against Oberlin College and its Dean of Students, Meredith Raimondo.

The next stage is a punitive damages hearing, since the jury found the defendants acted with intent and malice. A separate punitive damages hearing is required under the Ohio Tort Reform legislation that passed several years ago. The point is to keep some of the more inflammatory evidence that does not go to liability or compensatory damages away from the jury during the initial deliberations. That additional evidence relevant to punitive damages could include information as to the wealth of the defendants, but also additional information supporting the need for punishment.

In this context, there is nothing more baffling than a statement sent to alumni after the verdict by Donica Thomas Varner, Oberlin College’s Vice President and General Counsel.

The statement was contained in a mass email sent to alumni (and possibly others) criticizing the jury verdict and repeating the same stale defenses that failed at trial (emphasis added):

Dear Members of the Oberlin Community:

I am writing to update you on the lawsuit that Gibson Bros., Inc. filed against Oberlin College and Vice President and Dean of Students Meredith Raimondo in the Lorain County Court of Common Pleas in November 2017.

Following a trial that spanned almost a full month, the jury found for the plaintiffs earlier today.We are disappointed with the verdict and regret that the jury did not agree with the clear evidence our team presented.

Neither Oberlin College nor Dean Meredith Raimondo defamed a local business or its owners, and they never endorsed statements made by others. Rather, the College and Dr. Raimondo worked to ensure that students’ freedom of speech was protected and that the student demonstrations were safe and lawful, and they attempted to help the plaintiffs repair any harm caused by the student protests.

As we have stated, colleges cannot be held liable for the independent actions of their students. Institutions of higher education are obligated to protect freedom of speech on their campuses and respect their students’ decision to peacefully exercise their First Amendment rights. Oberlin College acted in accordance with these obligations.

While we are disappointed with the outcome, Oberlin College wishes to thank the members of the jury for their attention and dedication during this lengthy trial. They contributed a great deal of time and effort to this case, and we appreciate their commitment.

Our team will review the jury’s verdict and determine how to move forward.

Donica Thomas Varner
Vice President, General Counsel & Secretary

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