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May 07, 2004

As the STCL World Turns

South Texas College of Law is one of three law schools in the Houston area (the University of Houston Law Center and Texas Southern University Thurgood Marshall School of Law are the others) and the only private institution of the three. It has always been an interesting school. It is on the east side of downtown Houston and thus, close to many major businesses. As a result, it has catered to many businesspeople who decide to study law to supplement their business expertise. Particularly over the past couple of decades, it has produced many fine lawyers in the Houston legal community.

Well, it now looks like that STCL has produced its first bonafide soap opera. This Chronicle article reports on a rather nasty federal lawsuit against SCTL that accuses former STCL criminal law professor, Neil McCabe of forcing a former student to have sex, sodomizing her and threatening to share her sexually with other faculty members.

Now, while not condoned by most law schools, dalliances between law school professors and their students are not all that unusual. This one may have been a bit steamier than most. But who do you call to defend this kind of lawsuit? One of Houston's many fine defense attorneys? Perhaps an old law school colleague? What's Dick DeGuerin of of the Joseph Durst murder case fame up to these days?

Or McCabe could call for advice on who to hire from his lawyer in another related case -- his wife!

Turns out that the above-described federal lawsuit was filed after McCabe's wife filed a state court defamation lawsuit against McCabe's former student earlier this year. McCabe's wife apparently wrote a letter earlier this year to the attorney representing the former student threatening to proceed with the defamation lawsuit unless the former student rescinded her threat to sue. According to the Chronicle report, the letter said in part "If she thought we were bluffing, we assume she has been disabused of that notion. If she does not want to expose herself, her family and friends to discovery, she must do as requested."

Well, it sure appears that tactic didn't work.

At any rate, the accusations against McCabe led the STCL faculty to vote last year to recommend that the STCL board of directors strip McCabe of his tenure. The federal lawsuit alleges that STCL college officials "were aware of McCabe's nature as a sexual predator of his female students." The lawsuit claims discrimination and harassment under Title IX and seeks damages from both STCL and McCabe.

McCabe began teaching at STCL in 1983 and is a reasonably well-known legal commentator on criminal law issues in local media circles. He is the author of a couple of books and several law review articles on criminal law issues. Among other things, the federal lawsuit accuses McCabe of:

Taking advantage of the former student and undertaking a "campaign of control and manipulation" of the former student "under the guise of helping her with her personal and family problems;"

Becoming the former student's mentor, arranging special treatment at the law school for her and securing a cush part-time job for the former student at a law firm where another professor worked (its not clear what's wrong with that);

Forcing the former student to have sex, often in his office, and "brutally and forcibly" sodomizing her when she was `bad.' " (the lawsuit is a little fuzzy on this whole "good-bad" notion); and

Suggesting at one point that he would force the former student "to have sex with other" STCL professors and officials.

That last allegation is probably getting a fair amount of play with McCabe's former STCL colleagues.

At any rate, look for STCL to settle this matter as quietly as possible. As for whether former Professor McCabe settles before trial, you will have to ask his lawyer, er, I mean, his wife.

Correction: My original post indicated that Mrs. McCabe was representing Mr. McCabe in the federal lawsuit, which is not the case. Mr. McCabe's wife represents him only in the state case, not the federal case. Also, although Mr. McCabe has commented publicly on the Calvin Burdine murder case, he was not involved in representing Mr. Burdine on appeal in that case.

Posted by Tom at May 7, 2004 05:24 AM

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Posted by: TP at May 7, 2004 01:28 PM

Posted by: Tom Kirkendall at May 7, 2004 01:46 PM

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