Michele D. Allen* *Also admitted in PA michele@micheleallenlaw.com Law Of?ces of 5- Michele D. Allen, ch September 14, 2015 VIA U.S. ELECTRONIC MAIL Dr. Elliot Hirshman, President San Diego State University 5500 Campanile Drive San Diego, CA 92182-8010 RE: Dr. Vincent Martin Dear Dr. Please be advised that it has come to my Finn?s attention that San Diego State University, and its employees, has come into possession and has chosen to improperly use and disseminate confidential information related to my client and your employee, Dr. Vincent Martin. San Diego State University should have been fully aware, due to the manner in which your employees initially obtained this information, that the possession, use and dissemination of this information was imprOper. Furthermore, it is my understanding that San Diego State University has egregiously disregarded knowledge and reports that this information was improperly obtained and has continued to disseminate and disclose this information, with the intent to harm Dr. Vincent Martin. Irespectfully request that San Diego State University immediately identify the source of any information related to Dr. Martin and his employment with the University of Delaware. This includes, but is not limited to, any information which has led to the following questions used by San Diego State University, for the University?s sole benefit, against Dr. Martin during an internal disciplinary hearing: ?Isn?t it true you resigned from the University of Delaware with a settlement agreement?? and ?Have you been accused of sexual harassment?? Your failure to identify the source of this information will only lead to the conclusion that the information was unlawfully or maliciously obtained. Furthermore, I must insist that San Diego State University, at this time, make every effort to immediately cease and desist using or further disseminating this information. This shall include but not be limited to using this information in any hearings related to Dr. Martin. Failure to comply with this request will force my Firm to seek Court intervention to prevent the University from using and disseminating this confidential information and seek damages against the University for tortuously interfering with Mr. Martin?s agreement. Stone Mill Office Plaza 7241- Road, Suite 310 Hockessin. Delaware 19707 (302) 234-8600 Accordingly, upon receipt and review of this correspondence kindly immediately contact me so that we may further discuss. CC: Regards, i ii I if Michele D. Allen Chukuka S. Enwemeka, Provost Sr. Vice President, San Diego State Unversity Dr. Edith Benkov, Professor of French and Eur0pean Studies, San Diego State University Dr. Joanna Brooks, Associate Vice President for Faculty Affairs, San Diego State University Jessica Rentto, Esquire, Associate Vice President, Administration, San Diego State University Marc Mootchnik, General Counsel, San Diego State University Gaelle H. Gralnek, Attorney for General Counsel, San Diego State University Mark Stif?er, Esquire The California State University OF THE CHANCELLOR Office of Generalr Counsel Marc D. Mootchnik 401 Golden Shore, 4th FlOor University Counsel Long Beach, CA 90802-4210 (562) 951-4500 Fax {562) 95 1 41956 mmootchnik@calstale.edu September 16, 2015 Via E-Mail Michelle Allen Law Of?ces of Michele D. Allen, LLC 724 Road, Ste. 310 Hockessin, DE 19707 Re: Vincent Martin Dear Ms. Allen: I am receipt of your September 14, 2015 letter to President Hirshman, which your of?ce forwarded this morning. This corrects some of the factual assumptions of your letter. To start, Dr. Martin was found by an investigation and con?rmed by the arbitrator to have engaged in a pattern of sexual harassment toward a number of San Diego State students, which began shortly after he arrived at SDSU. In our experience, one who engages in such a pattern typically has a history of similar behavior. Based on that experience-based assumption, the campus attempted to obtain information regarding Dr. Martin?s prior employment. The University of Delaware provided no information regarding any circumstances under which Dr. Martin left that University. The source of the information to which you allude was Dr. Martin himself, who admitted those circumstances during the disciplinary hearing. It should further be noted that at no time did either Dr. Martin or his attorney who represented him raise any issue of con?dentiality. I appreciate your desire to represent your client by seeking assurance that his con?dentiality agreement was not violated. Neither San Diego State nor the University of Delaware has done so. Of greater concern to San Diego State is that your client has engaged in predatory behavior on multiple occasions at San Diego State and, based on Dr. Martin?s own admissions, had engaged in similar behavior at the University of Delaware. Since ely, Marc D. Mootchnik- University Counsel