A 12 months after being sued by ex-president Joseph Nyre for alleged breach of contract and retaliation, amongst different claims, Seton Corridor College has hit again with its personal authorized motion towards the previous chief.
In a lawsuit filed Wednesday within the Superior Courtroom of New Jersey, the college accused Nyre of “illicitly accessing, downloading, sustaining, and later disseminating confidential and proprietary paperwork, in addition to paperwork protected by the attorney-client and work product privileges, and knowledge after his departure as President of the College.” These paperwork led to vital reviews in regards to the college’s present president, Monsignor Joseph Reilly.
Alongside Nyre, the lawsuit additionally names John Does 1–10, referring to them as “individuals who’re in possession of paperwork unlawfully maintained, retrieved, accessed, and/or downloaded.”
In an announcement to Inside Increased Ed, a Seton Corridor spokesperson wrote that Wednesday’s submitting “makes clear that confidential paperwork have been utilized with sections selectively launched, inflicting injury to the College and its management and portray a false narrative about Monsignor Reilly.” Reilly has been accused of failing to report allegations of sexual misconduct and thus violating the college’s Title IX insurance policies.
An lawyer for Nyre blasted the lawsuit as a “cover-up” by Seton Corridor.
A Authorized Conflict
Nyre led Seton Corridor from 2019 to 2023, when he stepped down unexpectedly.
The previous president later sued Seton Corridor, alleging he was pushed out by the Board of Regents amid battle with then-chair Kevin Marino, whom Nyre accused of micromanagement, improperly involving himself in an embezzlement investigation on the regulation college and sexually harassing the president’s spouse, Kelli Nyre, amongst different claims. Marino, who’s not a board member, was not named as a defendant in Nyre’s lawsuit, and an investigation discovered no proof of sexual harassment.
Whereas Seton Corridor is defending itself towards Nyre’s lawsuit, it additionally threw a authorized counterpunch in suing the ex-president. The college alleges that its info expertise staff confirmed that Nyre had improperly accessed supplies after his departure, and in doing so, he violated confidentiality provisions in his employment and separation settlement.
Particularly, Nyre is accused of improperly downloading confidential paperwork that have been later supplied to Politico. These information—a few of which have been additionally obtained by Inside Increased Ed—appeared to point Reilly, the present president, neglected cases of sexual harassment whereas rector and dean of the college’s graduate seminary from 2012 to 2022.
Nonetheless, one of many leaked paperwork in query—a letter from a Board of Regents member to Reilly in February 2020 that mentioned he had violated college Title IX insurance policies by way of his inaction—was an unsent draft, college officers beforehand instructed Inside Increased Ed.
Seton Corridor officers mentioned within the lawsuit that although the Politico reporter by no means disclosed who supplied him with the paperwork, “it was clear that [Nyre], straight or not directly, was accountable” for the leak of confidential info to the information outlet between December and February. Seton Corridor accused Nyre of attempting to “create a misunderstanding about” Reilly, arguing he acted in “unhealthy religion and malicious intent” by not disclosing that the February 2020 letter was by no means despatched.
The allegations towards Reilly have prompted requires transparency from state lawmakers and Democratic governor Phil Murphy, who referred to as on the college to launch an investigative report that allegedly cleared Reilly. Seton Corridor has up to now declined to take action, citing the necessity to shield the confidentiality of contributors who voluntarily cooperated with the investigation.
The allegations towards Reilly come because the college is only some years faraway from the sprawling sexual abuse scandal involving former cardinal Theodore McCarrick, who sat on each of Seton Corridor’s governing boards. Investigators decided in a 2019 college report that McCarrick “created a tradition of concern and intimidation” and “used his place of energy as then–Archbishop of Newark”—which sponsors Seton Corridor—“to sexually harass seminarians” for many years. (McCarrick was defrocked however prevented felony expenses on account of a dementia analysis.)
As a part of the lawsuit, Seton Corridor is looking for a brief restraining order to cease Nyre from allegedly sharing extra paperwork. College officers argued in courtroom filings that Seton Corridor stands to “endure irreparable hurt” from additional leaks, which “can’t be adequately compensated” monetarily.
“The character of the hurt is such that it impacts the college’s means to take care of the confidentiality of delicate info, which is essential for its operations and repute,” filings learn. “Furthermore, to the extent that paperwork to which defendant has entry are protected beneath [the Family Educational Rights and Privacy Act] or Title IX, the disclosure of such paperwork would straight implicate the fitting of scholars and their mother and father to manage the disclose [sic] of such confidential academic information in addition to the confidentiality rights of college workers.”
Pushback
In an announcement to Inside Increased Ed, Nyre lawyer Matthew Luber referred to as the lawsuit “a determined, retaliatory ploy designed to silence a whistleblower and distract from the college’s personal corruption and misconduct.”
Luber didn’t particularly tackle the allegations that Nyre had inappropriately leaked confidential paperwork however accused Seton Corridor of ignoring pink flags in hiring Reilly and overlooking Title IX infractions.
“Let’s be clear: Dr. Nyre was not at Seton Corridor when Monsignor Reilly engaged in misconduct, nor when the board knowingly violated its personal insurance policies and Title IX to put in him as President,” Luber wrote. “However he was the one who warned college officers about Reilly’s disqualifying historical past throughout his presidential search—warnings that have been intentionally ignored by board management. As a substitute of addressing their very own failures, Seton Corridor is now trying to smear and intimidate Dr. Nyre.”
As of publication, a decide has not set to a listening to to think about the request for a restraining order.