Bailey v. New York Law School

October 2014 I was assaulted by a drug-using white male on New York Law School's campus. I've been in litigation with the law school since April 2016. 

March 2018 we  began discovery (responses are due April 9). So far I've been managing on my own, however, now it is necessary to bring in a team of skilled attorneys. The Court has issued two Orders that show a willingness to immunize and insulate members of the legal profession from the legal consequences for bad conduct. 

If U.S. lawyers are immunized from facing legal consequences for bad acts, the implications for civil rights generally and populations already vulnerable are disastrous. 

Prior to bringing an expensive lawsuit, I sought to resolve the matter outside of court. I contacted the:

White House
Mayor de Blasio
New York Law School (the site where I was injured)
The Board of Education's Office of Civil Rights
The Police Department
The Manhattan DA's Office
The U.S. Attorney General's Office
The Legal Grievance Committee (oversees lawyers' conduct)
The American Bar Association
Various attorneys
The Southern District of New York's Pro Bono program (twice)

And in January 2018 I reached out to the:
Time's Up initiative's legal program (operated by the National Women's Law Center)

I can still use a lot of help.  

What I'm fighting for is too important for me to give in. 
Yes, orignally I posted this GoFundMe page 2 years ago (before I commenced litigation). You can read the original post below or link to any of my sites (if you need more info):

Original Post
I am a woman of color, marathon runner, Marine veteran, U.S. citizen, feminist, law student, and voter. I believe in women’s rights, civil rights, human rights, education, diversity, equality, and justice.

April 21, 2016, I filed a complaint in the Supreme Court of New York against New York Law School. The school’s defense will be exuberant, so I am petitioning the banks, financial institutions, and big law firms to stand up against violence against women on college campuses by paying for this lawsuit. Women in American colleges need strong case law to defend against schools that have decided that the safety of women on school campuses is not their concern. I need fierce, dedicated, skilled and experienced attorneys to stand up for the radical notion that women on college campuses are entitled to harassment and assault-free schools.

As a woman, and a person of color, I am told I must be successful in spite of barriers that others have built for me. With this lawsuit, I aim to demolish the campus assault barrier for all women.

October 6, 2014, I left my evening law class to use the bathroom, when I was attacked by a white male student outside of New York Law School’s bathrooms.

My attacker, Stephen Nesbit, was clearly under the influence of a strong drug. Nesbit appeared to be on bath salts – the drug responsible for acts of cannibalism in Florida. His eyes were red and glazed over, he was drooling, his chest was rising and falling, he was clenching and unclenching his fists, and his shoulders were rounded in an aggressive posture. He came towards me, focused and enraged….Ultimately, I was rescued by a male student who entered the hall. I reported the incident to New York Law School.  

Between October 2014 and April 2015, New York Law School negligently, incompetently, or intentionally mishandled the investigating and reporting of the incident. The law school repeatedly made material misrepresentations to me on which I relied to my detriment.

These misrepresentations resulted in a two-week delay in my reporting the incident to the police. The most serious misrepresentations were in response to my questions about my safety on-campus. I was told Nesbit was no longer on campus; the school had not received complaints against Nesbit prior to my report; after Nesbit was permitted back on campus, I was lied to about why Nesbit was not on campus for two weeks.

As soon as Nesbit returned to campus, I reported the incident to the police. Unfortunately, the two-week delay substantially compromised evidence that could be used in court against Nesbit, and I’d have to rebut a presumption that Nesbit had not committed the offenses I alleged. After all, a law school had admitted him back on campus despite my allegations.

I literally gave blood, sweat, and tears when I joined the Marines in 2008, because I wanted a law degree. For $238,038.00, the cost of my legal education, I am reminded by New York Law School that I am colored, I am a female, and I am a veteran: when I am hurt, it means less; when my blood is shed, it is an acceptable loss; when I cry, it is expected; when I ask for help, I am undeserving; when I speak, I can be ignored; when I write, my words can go unacknowledged. I am reminded that in spite of my military training and that my father was a Marine, I am not without fear: I am afraid of becoming a legal professional that sits behind a desk, but is unwilling to act, and I am afraid to gain a degree and lose my humanity.

I want to make American universities safe for women.


Theresa Bailey
New York, NY

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