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FORTUNE.COM // JULY 2019
details of specific conversations between
survivors and mediators, are shielded by
legal confidentiality rules. But together, the
survivors’ accounts offer a close look at the
protocols of a system that can wield tremen-
dous influence, in ways that victims of abuse
can find both empowering and upsetting.
“It’s fair to say that MSU’s approach to the
settlement and related lawsuits is a legal-first
approach,” Emily Guerrant, a spokeswoman
for the school, said in a statement. “I think
we, as a university, have learned a lot about
dealing with sexual assault and survivors, and
crimes may have taken away any leverage MSU
might have had to press for such clauses.)
Denhollander and French and many other
survivors have retained the right to talk not
only about the abuse they underwent but
also about the difficulty of getting financial
redress—and they’re using their voices. That,
in turn, has put them in the vanguard of a
broader trend catalyzed by the #MeToo move-
ment: a growing pressure on both not-for-
profit institutions and private companies to
publicly acknowledge and address problems
of abuse and harassment within their ranks.
“It’s not a lawyer’s decision; it’s a client’s
decision whether to accept or reject an of-
fer,” says David Mittleman, a Lansing-based
lawyer who represents more than 100 of the
women in the MSU settlements. “And many
want to be on the side of alerting the public.”
Over the past 18 months, Denhollander
and dozens of other Nassar survivors spoke
with me about their experiences, offering a
detailed description of a corner of the law
that is often shrouded in secrecy. Some ele-
ments of any settlement process, including
“SO MUCH HAS
BEEN SHIELDED BY
CONFIDENTIALITY” IN
ABUSE SETTLEMENTS.
“WE’RE JUST
BEGINNING TO
KNOW THE START.”
Denhollander (left, at podium) reads her impact statement at a sentencing hearing for Larry Nassar.
JEFF KOW
ALSK Y
—AFP/GETTY IM
AGES
