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Hundreds of current and former students at the University of Southern California on Friday filed a $ 240-million settlement in a class action against the school and its former gynecologist, accused of sexual abuse for decades.
The complaint filed in the US District Court of California Central District alleges that George Tyndall, a gynecologist at the Student Health Center for decades, has subjected his patients to unnecessary needle penetration and other inappropriate touching, as well as sexual harassment, including: obscene comments and photography.
The university was aware of Tyndall's behavior since at least the 1990s, according to the complaint.
[‘We have heard the message that something is broken’: USC’s president agrees to step down after scandals]
Tyndall has thousands of old patients; Officials estimate that the class could number between 14,000 and 17,000 women, according to Tara Lee, a lawyer representing the school.
"Many of the hundreds of women who have spoken to explain what happened to them at USC felt helpless against the university and Dr. Tyndall," said Steve Berman, managing partner of Hagens. Berman and lawyer representing the graduating class of the USC. in a report. "… We are pleased that the proposed Regulations provide a significant turnaround for this category of women, without extensive recourse to the courts or in-depth victim-based investigations, and provides a relatively simple process for assessing their cases. … "
The tentative agreement would pay a minimum of $ 2,500 and up to $ 250,000 to former patients, for a total of $ 215 million. The proposed settlement includes additional fees of up to $ 25 million, Lee said.
It has been structured with different levels to give flexibility to women, Lee said. Some may simply choose to provide proof that they are former patients and that they would be eligible for a payment of $ 2,500. A court-appointed special master will evaluate the more complex applications eligible for larger payments.
"USC came out cheaply – a jury would have absolutely crushed them," said Michael Barasch, a lawyer who has handled more than 300 cases of sexual abuse. He was delighted that the women did not have to testify before a jury, but that he thinks that they should be able to claim payments in excess of $ 2,500 without having to relive the # 39; s experience.
The proposed agreement does not include the hundreds of applications filed in state courts – including 93 additional cases filed Thursday in the Los Angeles Superior Court. These women could choose to join the federal class action or pursue their claims in a state court.
"During this lawsuit," said Meggie Kwait, a 31-year-old teacher in New York City who is part of the Graduate class, "I heard the stories of hundreds of other students from the University of New York. USC and former victims of offenses, humiliation and abuse. We were trapped in a system that deprived us of our security, our dignity and even our voice – in the very place that should have taught us to take a stand and tell our truth. "The settlement," she says, "gives her strength and a voice.
"A fair and respectful resolution for the largest number of possible past patients has been a priority for the university and for me personally since I served as interim president," said Austin Wanda at Campus. by announcing the agreement in principle. "Many radical changes have been made and we continue to work every day to prevent any form of misconduct on our campuses, to provide exceptional care for all students and to ensure that we have policies and procedures that emphasize respect for our university community. "
In an interview Friday afternoon, she said some of the changes include a new office of professionalism and ethics so that people worried about anything in the university could contact a person rather than trying to find the proper channels. They changed the supervision of the student health center and hired two new gynecologists.
"We really think it's the first step towards healing and the future," she said.
Rick Caruso, chairman of the board, told the campus in a letter that the directors had promised to change the culture of the university, making the safety of students and patients the top priority. He added that the survey on the student health center was almost complete.
Frederick J. Ryan Jr., Publisher and Managing Director of the Washington Post, is a member of the USC Board of Directors.
The settlement will not be paid with tuition fees or money from donors, said Austin, but from "reserves and discussions with insurers".
[How will Michigan State afford the $500 million settlement?]
USC is not the only school facing huge legal expenses due to complaints of sexual misconduct. In May, Michigan State University agreed to pay $ 500 million to settle the lawsuits filed by more than 300 alleged victims of former sports doctor Larry Nassar, accused of sexually abusing girls and of women under the pretext of medical treatment.
Pennsylvania State University has disbursed more than $ 100 million to settle the claims of people accusing Jerry Sandusky, assistant football coach, of sexual abuse.
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