Fairfield University Settles Abuse Lawsuit for $12m

By Meg Learson Grosso
Minuteman News Center
July 11, 2013

http://minutemannewscenter.com/articles/2013/07/10/fairfield/news/doc51dd84c1a5122289013644.txt

A $12 million settlement ended a lawsuit filed on behalf of 23 Haitians abused by a Fairfield University alumnus who founded and ran a school for destitute street children in Haiti. Attorney for the Haitians, Mitchell Garabedian, called it “a landmark case.”

The school, called Project Pierre Toussaint, was supported with donations often received through the help of the University’s charismatic chaplain, Fr. Paul Carrier. Over $2 million was raised for the project and Carrier held the checkbook and made frequent trips to Haiti.

The 1992 graduate, Douglas Perlitz, was the Fairfield University’s commencement speaker in 2002 and the University gave him an honorary degree.

Perlitz founded the school in 1997 and directed it until 2007, when the first tales of his sexually abusing boys came to the attention of those funding the school.

Until then, the school had fed, clothed, sheltered, and taught homeless children, first in a daily intake center, and then in a residential school in Cap Haitien. By 2009, funding for the school had dried up.

In December of 2010, Perlitz pled guilty in federal court to sexually abusing eight boys and was sentenced to 19 years in prison, the maximum sentence possible, with ten years of supervised release after that.

The lawsuit was filed against Fairfield University, the Society of Jesus of New England (the Jesuits), the Sovereign Military Hospitaller Order of St. John of Jerusalem and Malta (Order of Malta), who provided initial funding, the Haiti Fund, which provided ongoing funding, and Hope Carter, a board member of the Haiti Fund. The suit charges these entities and people with negligent supervision of both Doug Perlitz and of Fr. Paul Carrier, and of breach of their fiduciary duty to the boys. On March 31, United States District Judge Robert Chatigny ruled that the lawsuit could go ahead on those charges, while ruling that it could not go ahead on several other charges, such as vicarious liability, secondary liability, or that Carrier or Carter gave assistance to Perlitz with the purpose of aiding him in his wrongdoing, saying that there was not enough evidence on those charges.

Attorney Mitchell Garabedian of Boston, who filed the lawsuit, said that since that the March 31 ruling, there have been three months of negotiation, culminating in a check for $12 million, delivered to Garabedian on June 29.

Garabedian filed the lawsuit in 2011 on behalf of 23 Haitians, who were 9 to 19 years old when the abuse began. They are now 19 to 30 years old.

“This is a landmark case in that it shows that sex abuse victims in poverty-stricken, third-world countries can successfully fight evil,” said Garabedian, adding that now,

the victims can “emotionally heal and be able to afford food, clothing, shelter and medicine for themselves and their loved ones.”.

Paul Kendrick, of Portland, Maine, a Fairfield University graduate and a spokesperson for abused children, also said this was a landmark case. “They (the victims) never would have gotten this justice in Haiti. We hope it puts third-world non-profits on notice. They’d better start doing background checks.”

Kendrick said that he was not surprised that a settlement was reached after Judge Chatigny gave the green-light for a jury trial.

“None of these entities (Fairfield University, the Jesuits, etc) wanted the evidence and testimony—the so-called dirty laundry—to be aired in public,” Kendrick said.

“Up until the judge ruled that the cases could go to a jury, these institutions were employing hard ball tactics and looking for loopholes in the law to have the cases dismissed,” Kendrick added, saying that the agreement calls for evidence to be sealed. “As advocates, we will be working over time to have those unsealed,” he said.

“One of the most important things that can be accomplished in sexual abuse cases is examining who knew what when, and who covered up. Once we examine it, this information can help prevent sexual abuse elsewhere,” Kendrick said, adding, “We can’t fix the problem until we know what happened, so it’s very important in the ongoing protection of children that we do an ‘autopsy’ of what happened.”

Kendrick said the gospel values he learned in a Jesuit university taught him to promote justice and that is why he is involved in the case.

“When the first cries of abuse came from Haiti in 2007, the president of Fairfield University, the officials of the New England Province of Jesuits and officials of the Order of Malta did everything they could to run away from the victims and not offer them help,” Kendrick said, adding, “Here we are, five years later, and instead of listening to their own teaching of helping the vulnerable and the poor, they are now being forced by threat of a jury trial to provide reparation for the harm inflicted on these kids by their failure to protect the children.”

Calls to Fairfield University referred us to a short statement on their web site, which said, “the total settlement of $12 million is being paid for by insurers.”

A few months ago, Kendrick said that he had hoped that a foundation would be set up for the young men so that there would be therapy and counseling as long as they need it. However, as both he and Garbedian said, the victims are all over 18, so they have a right to the money.

“We want the kids to have access to a culturally competent psychotherapist, who has expertise treating victims of abuse and their families,” said Kendrick, adding, “That, along with competent financial advice will provide alternative for the young men to make choices that will allow for the money to be used in ways that provide meaningful alternatives to their lives.”

Kendrick said a donor provided $5,000 to hire a psychotherapist, Georges Bossous, who has the required experience, and who has already met with all 24 abuse victims, and is ready to continue that support, “but he needs funding, which Father von Arx (President of Fairfield University) has refused to provide.”

Kendrick is hoping that the young men will pay for this themselves, but said, “In Haiti, psychotherapy is unknown for the most part.”

“I kept trying to say to them, ‘It’s not your fault,’ but that kind of help takes a lot longer than one or two people saying, ‘It’s not your fault,’ ” said Kendrick.

“We hope that through psychotherapy and counseling, they will be able to make healthy decisions for themselves,” said Kendrick.

As for Carrier, Alice Poltorick, Director of Communications for the New England Province of the Society of Jesus, would only say that Carrier is living in a Jesuit community and that he doesn’t have a public ministry.

Contact: mgrosso@fairfieldminuteman.com