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A defamation lawsuit filed by St. Norbert College trustee and former administrator Reverend Jay Fostner against a former student has been dismissed, the Green Bay Press Gazette reported.
The case related to how the private Catholic college in Wisconsin handled alleged sexual assault.
In late 2022, Fostner sued Margaret Uselman, a 2018 graduate of St. Norbert, for defaming him when she accused him of being dismissive of sexual assault allegations on campus. Uselman also helped organize an effort to investigate Fostner, who at the time served as vice president for mission and student affairs. Fostner’s position was eliminated in January 2020 but in July 2021, he was appointed to the Board of Trustees by St. Norbert Abbey, the religious order that sponsors the college.
Legal counsel for Fostner told Inside Higher Ed last year that the lawsuit was necessary to restore the plaintiff’s reputation, which he said had been harmed by unfounded and unfair attacks. The lawyer also emphasized that Fostner was not responsible for investigating sexual misconduct.
The lawsuit had been scheduled to go to trial in September. However, the Green Bay Press Gazette noted that the lawsuit was dismissed with prejudice (meaning the case can’t be brought again) for unclear reasons, but that court records showed both parties agreed to the dismissal.
According to Fostner's lawyer, the parties agreed not to comment on the resolution except to say: “Ms. Uselman has never stated that Rev. Fostner covered up specific instances of sexual assault at St. Norbert College. Moreover, after reviewing evidence in the above-referenced case, Ms. Uselman is not aware of any evidence suggesting that Rev. Fostner covered up specific instances of sexual assault or conducted Title IX investigations or adjudications at St. Norbert College. Although Ms. Uselman has made comments in the past about specific conduct she believes Rev. Fostner engaged in, she has no reason to believe that he covered up specific allegations of sexual assault or conducted Title IX investigations or adjudications at St. Norbert College.”
