August 11, 2022

Attn: Vincent E. Price, President, Duke University

Judith Kelley, Dean, Duke University Sanford School of Public Policy
Pamela J. Bernard, Vice President and General Counsel, Duke University

Dear President Price, Dean Kelley and General Counsel Bernard,

I write this letter to the leadership of Duke University because it is well-past time for Duke to clear my
name and rectify the tremendous injustice that I, my family and other loved ones – including countless
fellow Duke Alumni and Board Members – have had to endure for the past three and a half years at the
hands of my beloved alma mater.

Rush to Judgment, Unequal Treatment

More than three and a half years ago while I was serving my term as Virginia Lieutenant Governor, on
February 8, 2019, Duke University Sanford School of Public Policy Dean Judith Kelley summarily and
immediately removed me from the Sanford School Board of Visitors within minutes of an unvetted and
unsworn press release issued by Nancy Erika Smith, a New Jersey-based attorney for Ms. Meredith
Watson (Duke ’01), and New Jersey-based public relations professionals Karen Kessler and Warren
Cooper of Evergreen Partners (now Kessler PR Group).1

1
As previously noted, on February 4, 2019, Dr. Vanessa Tyson – now a professor at Scripps College – issued a false
and uncorroborated allegation of sexual assault from 2004 targeted at me through political rivals– connected with
Richmond Mayor Levar Stoney and former Virginia Governor Terry McAuliffe. The Washington Post had
thoroughly investigated Dr. Tyson’s accusation for several months in 2017 and 2018 and decided not to publish the
accusations because there was no corroboration and because “The Post, in phone calls to people who knew Fairfax
from college, law school and through political circles, found no similar complaints of sexual misconduct.”

McAuliffe called for my “immediate resignation” two minutes before I had even issued a response to Ms. Watson’s
allegation, and he subsequently ran in 2021 for a second term for governor. Dr. Tyson has been represented for
the past three and a half years by attorneys Debra Katz and Lisa Banks (Katz, Banks Kumin LLP – formerly Katz,
Marshall & Banks) and public relations professionals Karen Finney and Kendra Barkoff Lamy (SKDK).

In three and a half years, Dr. Tyson – who worked at the Boston Area Rape Crisis Center and was then continuing
years of her work as an outspoken public advocate concerning issues of sexual violence and consent at the time
she claims she was assaulted in July 2004 at the Democratic National Convention in Boston, MA – has produced no
corroborative evidence to substantiate her fabricated accusations of misconduct and, unlike me, has refused to: a)
take a lie detector test; b) file a criminal complaint; c) talk with police, prosecutors or the FBI; or d) file a civil
lawsuit to verify her accusations. Additionally, neither Ms. Tyson nor Ms. Watson has answered any investigative
questions about their claims – including proven fabrications, false memories, inconsistencies and political
connections – from the media or law enforcement in the three and half years since I formally requested law
enforcement investigations into these false allegations on April 3, 2019.

Stunningly, Ms. Watson has not personally made a single public statement – or been seen or heard by the media –
in over three years. These politically-motivated events and false accusations – which have become the subject of
an FBI public corruption investigation – occurred at the precise moment it appeared that I might be elevated to
Virginia’s governorship due to a blackface scandal involving then-Governor Ralph Northam.

1
In that press statement, Ms. Watson – with no competent corroborative evidence and no investigation –
falsely accused me of having raped and sexually assaulted her 19 years earlier during my senior year in
spring 2000 at Duke University in an unspecified dorm room in the Alpha Phi Alpha Fraternity house
(House Z, Craven Quad)2. Later that same day, Smith issued a second press release also falsely accusing
former men’s Duke Basketball player Corey Maggette – again with no competent corroborative evidence
and no investigation – of having raped and sexually assaulted Ms. Watson 20 years earlier in 1999 also
at Duke University.3 Both Mr. Maggette and I immediately and adamantly denied Ms. Watson’s
allegations.4

The press release relaying Ms. Watson’s “demonstrably false” and fabricated accusation against me was
sent by attorney Nancy Erika Smith and Karen Kessler of Evergreen Partners (now Kessler PR Group),
shortly before 5:00pm on February 8, 2019. At that time, news reports were speculating that I might be
elevated to Virginia’s governorship as then-Governor Ralph Northam was being called upon to resign his
office in the wake of a racist photo scandal involving his 1984 medical school yearbook.5

Within minutes of that unvetted press release – at 5:43pm – Dean Kelley sent the following email to the
Sanford School Board of Visitors and community summarily removing me from the Sanford School Board
of Visitors without having even spoken to or communicated with me to ask if the out-of-the-blue and
evidence-free allegations based on alleged events of 19 years prior were true or false or otherwise to
ascertain my version of events:

2
As previously noted and verified, I did not live in that dormitory in the year 2000.

3
In the second statement, Ms. Nancy Erika Smith wrote that “Ms. Watson was raped by a basketball player during
her sophomore year at Duke. She went to the Dean, who provided no help and discouraged her from pursuing
the claim further.”

In three and a half years, neither Watson nor Smith has provided the name of the Dean whom Watson allegedly
approached about her allegation against Mr. Maggette – nor have they provided any evidence to substantiate her
accusations. Further, Duke University said it had no knowledge of either of Ms. Watson’s allegations against me or
Mr. Maggette prior to her attorneys’ public press releases in February 2019.

4
Further, as described more fully in our August 13, 2021 letter to Duke University, Ms. Watson intentionally failed
to mention that Dhamian Blue (Duke ’00) was present the entire time in his dorm room when she falsely claims
that a rape and sexual assault occurred. Mr. Blue – who is currently listed by Duke as Chair of the Duke Raleigh
Hospital Board of Advisors and previously was listed as a Board Member of the Duke University Health System
Board of Directors – previously has told numerous people that he was present the entire time, that Ms. Watson
remained with him after I left his dorm room, and that I did not rape or sexually assault Ms. Watson in any way.
For over three years, Ms. Watson and her attorney Nancy Erika Smith have refused to answer the basic questions:
1) In whose dorm room at Duke University did this alleged assault occur? and 2) was Mr. Dhamian Blue present?
They have refused to answer because those answers would further reveal Ms. Watson’s story to be the fabrication
it always has been.

5
See, e.g., “Virginia Gov. Ralph Northam facing calls for resignation after participating in racist 1984 yearbook
photo,” ABC News (February 1, 2019), https://abcnews.go.com/Politics/yearbook-page-virginia-governor-ralph-
northam-shows-photo/story?id=60791140

2
-------

February 8, 2019 (5:43pm)

Dear Sanford Board of Visitors,

I am writing to let you know that Justin Fairfax will be asked to step down from the Sanford School
Board of Visitors pending the resolution of the serious and deeply distressing allegations that have been
made against him.

I thank those of you who have provided me with wise counsel in the last couple of days and I deeply
appreciate your continued support.

Sincerely,

Judith Kelley

Dean and Terry Sanford Professor of Public Policy and Political Science
Duke Sanford School of Public Policy
----------

Simultaneously, Dean Kelley – with the support and endorsement of Duke University – removed me
from the Sanford School Board of Visitors website and sent the following, more pointed and
inflammatory, public statement to the national media – again without having even spoken to or
communicated with me:

-------

February 8, 2019 (5:43pm)

"I am writing to let you know that Justin Fairfax will be asked to step down from the Sanford School
Board of Visitors pending the resolution of the serious and deeply distressing allegations that have been
made against him." "Sexual assault is abhorrent and unfortunately can occur right around us. I urge
everyone to take survivors of sexual assault seriously, and to help build an environment that is safe
and supportive for everyone."

-------

Hours later on February 8, 2019, Ms. Watson’s attorney released a second press release also accusing
former Duke University men’s basketball player Corey Maggette of raping Ms. Watson in 1999. Unlike its
response to the allegations against me by the same accuser, Duke University, through then-vice
president for public affairs and government relations Michael Schoenfeld, released the following neutral
public response to Ms. Watson’s allegations against Mr. Maggette:

-------

“We are in the process of gathering information to determine what policies and procedures were in
place during the time period in which these events are alleged to have occurred, and whether they were
activated and followed.” “We are not able to provide further information or comment on any individual
at this time.”

3
-------

Duke University rightfully did not take any public punitive action against Mr. Maggette related to his
status or relationship with Duke University or the Duke University men’s Basketball team.

At the time it immediately took public punitive action against me in removing me from the Sanford
Board of Visitors and issuing public statements insinuating that the allegations against me were credible,
there was no competent corroborative evidence that I had committed the alleged offenses (because I
had not) and there had been no investigation to determine if the allegations (which were, in fact,
fabricated) were true or to make any assessment of Ms. Watson’s credibility.

Further, Duke University took this immediate adverse action despite the fact that I had issued a public
statement at 5:05pm the same day categorically denying Ms. Watson’s allegation against me as
“demonstrably false.” In that statement, I wrote:

-------

February 8, 2019 (5:05pm)

“I deny this latest unsubstantiated allegation. It is demonstrably false. I have never forced myself on
anyone ever.”

“I demand a full investigation into these unsubstantiated and false allegations.” “Such an investigation
will confirm my account because I am telling the truth.”

“I will clear my good name and I have nothing to hide. I have passed two full field background checks by
the FBI and run for office in two highly contested elections with nothing like this being raised before.”

“It is obvious that a vicious and coordinated smear campaign is being orchestrated against me.” “I will
not resign.”

-------

Three days later on February 11, 2019, I received the following personal letter from Dean Kelley which
featured a strikingly different tone and content than the statements released to the media and the
public treating the uninvestigated accusations as credible and (at a minimum) insinuating my guilt:

-------

February 11, 2019

Mr. Justin E. Fairfax

Dear Justin,

I cannot imagine what an incredibly difficult time this is for you and your family. I want you to know that
I appreciate all you have done on behalf of the Sanford School. Many members of the Sanford board and
faculty have shared their concern for you with me. From this I can assure you that many people here
have only good memories of their interactions with you and they remain concerned about your
wellbeing, as do I. However, I must ask that you step down from your active duties as a member of the
Board of Visitors until the allegations have been resolved.

4
Until then, my thoughts will be with you and yours.

Sincerely,

Judith Kelley
Dean
-------

Two days later on February 13, 2019, attorneys for the false accusers specifically cited actions taken by
Duke against me as indicators of the credibility of the allegations. In a February 13, 2019 statement, the
attorneys wrote in part that “Duke University has asked [Fairfax] to step down from his position on its
School of Public Policy’s Board of Visitors. These are damning developments and reflect the
seriousness of the allegations and the lack of credibility he has with those who work most closely with
him.”6 (emphasis added)

The actions of Duke University and the Sanford School in rushing to judgment and immediately taking
public punitive action against me – with no corroborative evidence and no investigation – were not
harmless and did not occur in a vacuum. Those actions aided and abetted the baseless smear campaign
and provided additional ammunition with which those orchestrating this vicious political smear
campaign escalated those nefarious efforts.

In a stinging bit of racially-significant and historic irony that underscores the obligation of Duke
University to immediately correct this injustice in this moment, the imprudent actions of the School
named for racially progressive southern Governor Terry Sanford – my alma mater where I was selected
as 2000 Graduation Speaker and a member of the Sanford School Board of Visitors – played a significant
role in the effort to block me from becoming the only African-American Governor in the United States of
America at that time.

Further, the moral courage that I sought to display mere weeks before by again silently protesting – and
ultimately ending – the Senate of Virginia’s 150-year running tradition of honoring of Confederate
Generals Robert E. Lee and Stonewall Jackson7 made my gross mistreatment and immediate,
unceremonious and unjust removal from the Sanford Board of Visitors at the hands of Duke University
and the Sanford School that much more and painful, bewildering, and ironic. This is particularly true

6
“A Letter to Speaker Cox & Leaders, From the Council for Dr. Veronica Tyson,” (February 13, 2019),
https://www.smithmullin.com/news/a-letter-to-speaker-cox-leaders-from-the-council-for-dr-veronica-tyson/

7
See, e.g., “Virginia’s lone black statewide official sits out Robert E. Lee tribute,” The Washington Post (January
18, 2019), https://www.washingtonpost.com/local/virginia-politics/virginias-lone-black-statewide-official-sits-out-
robert-e-lee-tribute/2019/01/18/7b721ba4-1b4c-11e9-88fe-f9f77a3bcb6c_story.html;

“Protesting Confederate General, Virginia Lieutenant Governor Leaves Dais Again,” NBC News/Associated Press
(January 20, 2019), https://www.nbcwashington.com/news/local/protesting-confederate-general-virginia-
lieutenant-governor-leaves-dais-again/901/

5
given that Duke University itself had recently decided to remove a statute of Robert E. Lee from the
entrance to the Duke Chapel.8

It is hard to fathom that Governor Terry Sanford would have supported, condoned or been proud of the
precipitous actions taken against me or proud of Duke University’s last three and a half years of silence
in the face of this extraordinary injustice, which mirrors a long history of racial injustice in our nation.

The Fabricated Accusations Have Fallen Apart; FBI Public Corruption Investigation

I am absolutely innocent. As outlined in our August 13, 2021 letter to you – and as any investigation
would reveal – the misconduct alleged by Ms. Tyson and Ms. Watson at the precise moment that I
appeared poised to become Governor of Virginia simply, factually and literally did not happen.

On July 24, 2020, The Washington Post Editorial Board wrote an article reviewing exonerating
information concerning inconsistencies in Ms. Watson’s allegations, evidence of my innocence and my

8
See, e.g., “Duke University removes statue of Robert E. Lee from campus chapel,” CBS News (August 19, 2017),
https://www.cbsnews.com/news/duke-university-removes-statue-of-robert-e-lee/;

“Duke Removes Robert E. Lee Statue from Chapel Entrance” : Statue will be preserved for students to study
university’s ‘complex past,’” Duke Today (August 19, 2017), https://today.duke.edu/2017/08/duke-removes-
robert-e-lee-statue-chapel-entrance;

“Duke University Removes Robert E. Lee Statue From Chapel Entrance,” NPR (August 19, 2017),
https://www.npr.org/sections/thetwo-way/2017/08/19/544678037/duke-university-removes-robert-e-lee-statue-
from-chapel-entrance

6
extraordinary efforts to clear my name. In that piece, The Post asked pointedly if I was “the victim of
false accusations and a rush to judgment.”9

That exonerating information included my repeated requests for a criminal investigation by Durham, NC
District Attorney Satana Deberry, then-Boston District Attorney Rachel Rollins and the FBI; my having
voluntarily taken, successfully passed and publicly released the results of two separate lie detector tests;
and my defamation lawsuit against CBS Corporation which had aired exclusive national television
interviews with Dr. Tyson and Ms. Watson from April 1-2, 2019 in which they relayed their fabricated
claims to an audience of millions of viewers.

In that article, The Post noted that – 18 months after I was immediately presumed guilty based on an
unvetted press release and publicly punished by Duke and others with no evidence or investigation –
Duke University, the Durham, NC and Boston, MA District Attorneys, CBS and Ms. Watson, Dr. Tyson and
their attorneys all went silent on the matter, including regarding significant evidence pointing to the
falsity of both Ms. Watson’s and Dr. Tyson’s allegations.

Even more recently, on August 1, 2022, The Washington Post Editorial Board wrote again on the matter
citing public reports of an FBI investigation10 into “whether money or other benefits were offered to
[Ms. Watson or Dr. Tyson] around the time of the allegations and whether their accounts were
inconsistent.”11

Also in that article, The Post made this extraordinary observation: “We can’t think of another
prominent man accused of sexual assault who has gone to such lengths — practically begging — for an
investigation, which would put him at some risk.”

9
See, “It’s time for answers to disturbing questions in the allegations against Virginia Lt. Gov. Justin Fairfax,” The
Washington Post Editorial Board (July 24, 2020) https://www.washingtonpost.com/opinions/is-virginia-lt-gov-
justin-fairfax-a-criminal-or-the-victim-of-false-accusations-its-time-for-answers/2020/07/24/4460709e-cd42-11ea-
91f1-28aca4d833a0_story.html

10
See, “The FBI is Investigating a Potential Political Motivation Linked to Justin Fairfax Allegations,” The
Intercept (July 25, 2022), https://theintercept.com/2022/07/25/fbi-investigation-virginia-justin-fairfax/;

“FBI asking about source of sex-assault claims against former Va. Lt. Gov.,” The Washington Post (July 27, 2022),
https://www.msn.com/en-us/news/us/fbi-asking-about-source-of-sex-assault-claims-against-former-va-lt-gov/ar-
AA102Bay

“Report: FBI looking into how allegations against Justin Fairfax surfaced,” The Richmond Times-Dispatch (July 26,
2022), https://richmond.com/news/state-and-regional/govt-and-politics/report-fbi-looking-into-how-allegations-
against-justin-fairfax-surfaced/article_deebcebb-2147-52ca-aa10-0d8cd38e28cd.html;

“Former Va. Lt. Gov. Fairfax: FBI asks about 2019 allegations,” Associated Press (July 28, 2022),
https://apnews.com/article/2022-midterm-elections-richmond-virginia-sexual-assault-
41b06691b871cc69382bff8b1b6c4124

11
See, “We might finally get the truth about allegations against Justin Fairfax,” The Washington Post Editorial
Board (August 1, 2022), https://www.washingtonpost.com/opinions/2022/08/01/justin-fairfax-fbi-investigation-
sexual-allegations/

7
Again, I am innocent. I have done everything that an innocent person can do to clear his name. The
misconduct that has been alleged was fabricated and literally did not happen.

With its policy expertise and academic research focus, the Sanford School was well-positioned – and in
many respects obligated – to counter, in real time, the catastrophic failure of the national media in
immediately reporting and validating the fabricated and uncorroborated allegations of Dr. Tyson and
Ms. Watson – with no investigation and no credible corroborative evidence. Instead, the leadership of
the School and of the University abandoned one of its core missions – and one of its innocent and
esteemed alumni – and, instead, succumbed to the media frenzy.

“The DeWitt Wallace Center for Media & Democracy is Duke University’s hub for journalism and media
studies. We study the interaction between media and policy; we support watchdog and accountability
reporting in the U.S. and around the world; and we teach and conduct research about the media’s role
in democracy. The Center is part of the Sanford School of Public Policy, and we share the school's
mission to improve lives through research, leadership, civic engagement and public service.”12

“Through The James D. Ewing Lecture on Ethics in Journalism, the DeWitt Wallace Center invites widely
respected media leaders to Duke University to discuss issues associated with ethics and values in
media.”13

A recent distinguished Ewing Lecture helps illustrate both tremendous insight and irony with regard to
the extraordinary collapse of journalistic ethics, rigor and integrity in the media’s rushed, salacious and
uninformed reporting on the fabricated (and racially, politically and historically consequential)
allegations leveled against me at the precise moment it appeared I might become the only African-
American Governor in the United States of America.

On March 17, 2021, the Sanford School sponsored a Ewing Lecture titled, “When reporting goes wrong:
Battling media bias about historically Black spaces.” That Lecture was billed as follows: “When North
Carolina A&T student journalists got fed up with local news outlets linking their campus to unrelated
crime scenes, they documented the slights. Editor-in-chief Alexis Wray worked hard to show editors
what they did. Some changed but this work is far from done. Despite decades of such efforts, Black
journalists are still pushing newsrooms to see and evict racial bias from the news. Moderated by
DeWitt Wallace faculty member, Cathy Clabby.”14

12
See, The DeWitt Wallace Center for Media & Democracy, Home https://dewitt.sanford.duke.edu/
13
See, The James D. Ewing Lecture on Ethics in Journalism, https://dewitt.sanford.duke.edu/special-
events/ewing-lecture-on-ethics/
14
See, The James D. Ewing Lecture on Ethics in Journalism, “When reporting goes wrong: Battling media bias
about historically Black spaces.” (March 17, 2021), https://dewitt.sanford.duke.edu/special-events/ewing-lecture-
on-ethics/

8
“Duke Lacrosse 2.0”; Fairfax, Maggette and Lacrosse Players Are Innocent

Just like the Duke University men’s lacrosse players whose lives, careers and futures were forever
harmed and nearly destroyed as a result of “fantastic lies” told about them in 2006 falsely alleging that
they had committed a rape at a house off of Duke University’s campus, I, too, was innocent all along.

And, just like with those lacrosse players, the harmful actions and presumptuous public statements of
Duke University heavily contributed to a horrific miscarriage of justice that resulted in me – someone
who previously had an unblemished and stellar career and reputation – being immediately punished by
Duke University and others – with no evidence and no investigation – and wrongfully, painfully and
baselessly being branded a “rapist” and a “sexual predator” to a nationwide audience.

It is tragic that Duke University – apparently having learned nothing from its rush to judgment in the
Duke Lacrosse spectacle – repeated the same mistakes of disregarding the presumption of innocence,
precipitously accepting unvetted allegations of criminal wrongdoing as credible and true and meting out
punishment first and (maybe) asking questions later.

Duke Repeats a Tragic History, Lessons Not Learned

In March 2006, “[Duke University President] Brodhead reiterated his unwillingness to pass judgment
about the criminal allegations [made against the Duke Lacrosse players] until more facts emerge from
the police investigation, saying the university would respond appropriately. The players deny the
criminal allegations and no charges have been filed. ‘If you were at a university where the president
meted out punishment based on what he reads in the newspaper, it would be a pretty dangerous
place,’ Brodhead said.”15

However, Duke University as a whole quickly caved to enormous public pressure and evidence-free
hysteria. Our University made the tragic and long-lasting mistake of rushing to judge and punish the
falsely accused lacrosse players and abandoning President Brodhead’s early principled position insisting
on the need for due process, the presumption of innocence, independent investigation, common sense,
considered judgment and fairness.

In apologizing a year later for the University’s punitive actions against the Duke Lacrosse players, then-
President Brodhead made a number of powerful observations and pronouncements imploring that the
University never again repeat its tragic missteps that resulted in such catastrophic harm to the innocent
Duke students, their families and the broader Duke community – missteps that the University
inexplicably repeated in 2019 when faced with false, unsubstantiated and suspiciously-timed and
politically-motivated accusations leveled against me – one of its most loyal alumni and longtime Board
members.

In 2007 – one year after the nightmare began for the Duke lacrosse students tortured by highly
publicized, false rape accusations – President Brodhead stated, “When I think back through the whole
complex history of this episode, the scariest thing, to me, is that actual human lives were at the mercy
of so much instant moral certainty, before the facts had been established. If there's one lesson the

15
“Brodhead Calls on Students to Learn from Lacrosse Controversy,” Duke Today (March 29, 2006),
https://today.duke.edu/2006/03/lacrosse_brodheadstudents.html

9
world should take from the Duke lacrosse case, it's the danger of prejudgment and our need to defend
against it at every turn. Given the power of this impulse and the forces that play to it in our culture,
achieving this goal will not be easy. But it's a fight where we all need do our part.16

President Brodhead said that his own “biggest regret” about the Duke Lacrosse case was "our failure to
reach out to the lacrosse players and their families in this time of extraordinary peril. Given the
complexities of the case, getting this communication right would never have been easy. But the fact is
that we did not get it right, causing the families to feel abandoned when they most needed support.
This was a mistake. I take responsibility for it, and I apologize."

President Brodhead also stated, "As president, I had responsibility for the statements the university
made and the actions the university took in a virtually unprecedented situation, and I take
responsibility for them now."

He also said, "[Duke University] could have done more to underscore" that members of the Duke
community who were "quick to speak as if the charges were true" were not speaking for the university
as a whole. He went on to say, “My colleagues in the Duke administration are going over all our
procedures to see what we can learn from our experience. But these are complex questions, and they
aren't ones Duke can or should hope to solve on its own. To work through these difficulties and see that
their lessons are learned not only here but around the country, we will be hosting a national
conference of educators, lawyers and student affairs leaders to discuss best practices in this important
field.”

At another point, President Brodhead said, “Given the media circus and the public reactions it fed, I
thought it essential to insist that the matter be resolved within the legal system, not in the court of
public opinion. As far as it went, this was right. But what this case reminds us is that our justice system -
- the best in the world -- is only as good as the men and women who administer it. In this case, it was an
officer of this system itself who presented false allegations as true, suppressed contrary evidence, and
subverted the process he was sworn to uphold.”17

16
See, “Duke President Shares Lessons Learned, Regrets About Lacrosse Case,” Duke Today (September 29, 2007)
https://today.duke.edu/2007/09/rhb_lawconf.html

17
Regarding the false accusations leveled against me, the attorney for Ms. Watson, Nancy Erika Smith, has
behaved particularly unethically; just like disgraced and disbarred former Durham, NC District Attorney Mike
Nifong in the Duke Lacrosse case. For three and a half years, Smith has taken on the self-appointed role of a
“private prosecutor” seeking to exercise all of the consequential and life-altering power of that position while
observing none of its duty-bound legal obligations to seek fairness and truth and to do justice. Smith – who
weaponizes the media and social media at every opportunity – sought to “indict” me with the stroke of an
unvetted press release, immediately “convict” me in the court of public opinion and has suppressed exonerating
evidence – particularly the revelation of an exonerating eyewitness (Dhamian Blue) who has told numerous people
that he was present in his room during the entire encounter, that Ms. Watson stayed with him in his room upon
my leaving and that Ms. Watson had fabricated her allegations and that no rape or sexual assault occurred. The
only reason Ms. Smith and Ms. Watson have not yet been held legally accountable for their false statements and
unethical conduct in the same manner as DA Nifong is because they have intentionally, strategically and cynically
avoided any investigation or formal judicial review into these hoax accusations – opting instead to continue to
make increasingly misleading, bombastic and outrageous statements in the media and on social media. Just as it
denounced the outrageous and despicable actions and behavior of DA Nifong in subverting the course of justice
and seeking to destroy the lives, careers and reputations of innocent people, Duke University has a moral

10
In reflecting on the Duke Lacrosse case, President Brodhead said, "Duke needed to be clear that it
demanded fair treatment for its students. I took that for granted. If any doubted it, then I should have
been more explicit, especially as evidence mounted that the prosecutor was not acting in accordance
with the standards of his profession." He went on to say that he hoped the University community
would identify new safeguards to protect against "a rogue prosecutor on the loose."

In another powerful observation, President Brodhead stated, “The larger problem for society is how to
create and maintain the optimal balance between the independence of the legal system and protection
of individuals from false prosecutions. If this state should ever again have a rogue prosecutor on the
loose with no more remedies than were available last time around, the failure to have learned the
lesson of the Duke lacrosse case would be intolerable. I do not want to create some instant legislative
"solution" that opens the door for new injustices tomorrow. I recognize that it is not easy to get the
checks and balances right when two such important interests are at stake. But it's essential for all
relevant parties to work to create these mechanisms….”

President Brodhead ended his apology, reflections and remarks by saying, “Much of me hopes the Duke
lacrosse case will be forgotten someday. But if it is remembered, let's hope it is remembered the right
way: as a call to caution in a world where certainty and judgment come far too quickly.”

Race Still Matters, Duke’s Inaction Perpetuates a Tragic History of Racial Injustice

It took Duke University one year to finally publicly apologize – and seek to otherwise make amends – to
the falsely accused lacrosse players. These young men and their families never should have endured the
horrific tragedy that they experienced, both when they were falsely accused and immediately treated as
guilty and later when Duke University abandoned them and its aspirational responsibility to elevate our
institution and our nation above the passions of the mob and up to the highest ideals of our nation and
its system of justice.

The lacrosse players did not deserve what happened to them, and Duke was right – if not tremendously
belated – in having the President of the University apologize and the Board of Trustees and entire
institution seek to mitigate at least some of the financial, emotional, reputational and spiritual damage
that the University’s actions had caused to the lives of these innocent members of the Duke family.

In this regard, Duke University’s treatment of and public silence toward the injustice still being suffered
by me and my family is even more egregious and alarming. It has been three and a half years – not just
one – since I was falsely accused of a fictitious and heinous 19-year-old alleged crime and since the
allegations of Ms. Watson – who has not personally made a single public statement or answered a single
question about fabrications and inconsistencies in her fabricated story – and Dr. Tyson have fallen apart.

Further, as you know, I reached out privately to Duke University almost exactly one year ago by letter
dated August 13, 2021 – after experiencing two and a half years of silence and obfuscation – to continue
to share exonerating information about Ms. Watson’s false accusation against me, to clear my name and
to try to get our beloved Duke to do the right thing – not merely because of public outrage or even
potential legal liability, but because I believed that the Duke University that I and my family know, love
and have served for decades should aspire to its highest ideals even, and perhaps especially, when no

obligation to speak up now about the same having been done to one of its most outstanding African-American
alumni in history.

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one is looking. Duke should always act and be guided not by the impetus of the media or even the threat
of legal or financial loss, but by the compulsion of the University’s moral compass.

In light of the University’s complex and often fraught history dealing with racial injustice and unequal
treatment, Duke’s disparate treatment of me vis-à-vis that of the Duke Lacrosse players also (even if
unwittingly) perpetuates the unacceptable and awful idea that, even in 2022, Black Lives Do Not Matter.

One year after the Duke Lacrosse tragedy began, the University formally recognized the role that it
played in advancing the deep injustices suffered by the lacrosse players by rushing to judgment,
abandoning them and their families in their time of peril as actors – in bad faith – trampled their
Constitutional rights and their reputations. Duke let the passions of the media and uninformed public
sentiment turn the University into an aider and abettor of grave injustice. In my case (and that of Mr.
Maggette), three and a half years have come and gone and Duke has not said one public word to
address – let alone apologize for -- its similar rush to judgment and highly-damaging actions.

If Duke has, in fact, conducted an investigation into Ms. Watson’s allegations of rape and sexual assault
against Mr. Maggette and me – based on alleged events in 1999 and 2000 – and in the past three and a
half years found those allegations to be false or otherwise lacking credibility, the University’s decision to
remain silent and tacitly support the continued defamation of the character of two of its most
accomplished, successful and admired African-American male alumni – all based on “fantastic lies” –
would demonstrate a stunning lack of accountability, candor and moral courage that the University
should immediately rectify.

In the event Duke has not conducted any investigation in the past three and a half years, its inaction
would then demonstrate a total disregard for the lives and reputations of three – not just two – African-
American alumni, as Ms. Watson’s claims would not even have been taken seriously enough by the
University to warrant, in its view, a thorough and independent investigation into accusations to confirm
whether they are true or false.

After a horrific year for the Duke Lacrosse players, the University took extraordinary steps to have the
President of the University issue a public apology to the players and their families and to attempt to
redress the financial, emotional, reputational and spiritual harm that Duke had caused.

By contrast, in the case of two of its most extraordinary and generous African-American alumni, Duke
has publicly said and done nothing.

This continues to send an unmistakable message and signal not only to me and our loved ones, but to
the broader Duke community, and especially to African-American men who – like me – might otherwise
aspire to attend or succeed at Duke University at the highest levels.

In the end, if over the past three and a half years, Duke has come to believe or even suspect that the
vicious allegations by Ms. Watson against me (and Mr. Maggette) are, in fact, false, it can no longer be
silent enablers of one of the most disturbing smear campaigns in University, Virginia and American
political history.

As Dr. Martin Luther King, Jr. alternately stated, “A lie cannot live forever,” and “[a] time comes when
silence is betrayal.”

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Further, The Washington Post instructively noted the following about the life, career and leadership
style of Duke University President Terry Sanford, for whom the Sanford School is named:

“He thought leaders should lead, and he was willing to take political risks to move his state forward. A
former paratrooper who’d fought at the Battle of the Bulge, he showed during his jam-packed life
both physical and moral courage. “You’re not elected to be a poll-taker,” Sanford once said. “You’re
elected to provide some leadership.” In his inauguration address, he did.18

18
“How a Courageous Southern Governor Broke Ranks with Segregationists in 1961,” The Washington Post
(January 1, 2021), https://www.washingtonpost.com/history/2021/01/01/terry-sanford-north-carolina-race-
segregation/

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An Extraordinary Duke Story, A Chance for an Extraordinary New Chapter

Beginning with my childhood in a tough environment in inner-city Washington, DC in the 1980s– at the
height of the crack cocaine epidemic when the City was regularly named “Murder Capitol of the United
States” – through our improbable rise to being elected Lieutenant Governor of Virginia at the age of 38 –
and becoming only the second African-American elected to statewide office in the 400-year history of
the Commonwealth – I have always aspired to – and been inspired by – President Sanford’s famous call
for “Outrageous Ambition” in the service of others.

“Dreaming Americans 2”: The Source Magazine (October 1999)

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 -- The Fairfax Family on Inauguration Day, January 13, 2018. (Richmond, Virginia)

Since the age of 8 years old, I had always dreamed of attending Duke University. In an area of the
country where being a Duke fan made me an outlier – if not an outcast – I remember proudly
withstanding merciless taunts by my friends and classmates as an 11-year-old in 1990 the day after
Duke’s 30-point loss to UNLV in the NCAA National Championship game. I also remember walking into
school and around my neighborhood at the same time the following two years proudly celebrating
Duke’s victories in those Championship games. Even in this small way, I learned early on in life that my
love of, and loyalty to, Duke University never wavered in good times or bad. That life lesson has both
sustained and inspired me over the past three and a half years.

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In 1996, after graduating near the top of my class – and as Senior Class President – at DeMatha Catholic
High School, my lifelong dream of attending Duke University became a reality. Equipped with knowledge
and faith (“Eruditio et Religio”) and opportunity, I was awarded the Reginaldo Howard Memorial
Scholarship, became an exceptional student-leader on campus and ultimately was elected in February
2000 – during the final months of my senior year – to serve a three-year term on the Duke University
Board of Trustees as Young Trustee.19

I also was selected as the 2000 Sanford School Graduation Speaker and later appointed by the President
of Duke University – on the recommendation of the Dean of the Sanford School – to three, three-year
terms on the Sanford School of Public Policy Board of Visitors. I firmly believe that the “Spiritual Wealth”
that others have given to me has, conversely, given me a “Spiritual Debt” that I must repay by creating
opportunities for others that come after me.

19
I received my J.D. degree in 2005 from Columbia University Law School where I was selected to serve as an
Editor of the Columbia Law Review.

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Consistent with this life philosophy, I and my family have contributed generously to Duke’s financial aid
efforts for many years and even accepted Duke’s invitation to endow the $100,000 “Justin E. and Dr.
Cerina W. Fairfax Opportunity Scholarship” to help make it possible for young people who had the talent
and passion to attend Duke – but not the financial resources – to make that dream become a reality –
just as others had done for me and my family.

NEWS

Give Back, ‘Donate Life’

Photo by Special to the Chronicle | The Chronicle

By Justin Fairfax

October 25, 2011 | 4:00am EST

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“For the last five years, I have worn a bright green bracelet on my left wrist that reads, “Donate Life.” I
have been asked many times where I got the bracelet, what it means, and why I wear it. I was handed
the bracelet after (barely) completing a race in Richmond sponsored by Donate Life Virginia, an
organization whose goal is to increase organ, eye and tissue donation in the state and throughout the
country.

I have signed up to be an organ donor ever since. But, as important as organ donation is, it is not
primarily why I wear the bracelet. I wear the bracelet because it sums up in two words what others have
done for me in my 32 years, and what I, in return, aspire to do every single—not just on the last—day of
my very fortunate life.

Philanthropy comes somewhat naturally to me since I grew up extremely rich, though without much
money. As Duke alumnus and trustee David Rubenstein explained at the recent “The Duke Idea” talk in
Washington, D.C., philanthropy literally means “love of mankind” and extends far beyond the
conventional notion of donating money. Instead, it also encompasses the work of a person who donates
his or her time, talent, skill, kindness and, indeed, life to others. By that measure, I have lived a life
enriched by innumerable philanthropists who include my family, friends, mentors and even people who
I have never met but whose waves of generosity have repeatedly reached the shores of my life.

Much of my inheritance can be traced directly to my late, spiritually wealthy maternal grandparents,
Charles and Alcynthia Butler, whose unconditional love and eloquence of example form the foundation
of the wealth that I aspire to give away each day. Another benefactor of particular note is my
superhuman mom, Charlene Fairfax, who, in a then crime-ridden and drug-infested section of northeast
Washington, D.C., raised four wonderful children, who include two federal prosecutors and Harvard and
Columbia Law Review Editors, a brilliant flight systems engineer and an amazing labor and delivery
nurse.

Through the years, the list of benefactors has grown to include my brilliant and beautiful wife, Dr. Cerina
Fairfax, her family, our two young children and the many people who have donated their own lives to
enrich mine in ways big, small and always significant. And, that list certainly includes Duke and its many
supporters whose scholarships, financial aid and assistance, and personal support transformed my
childhood career and life aspirations from the possible to the present.

I am certain that all of you reading this column, and particularly Duke students and members of the
Duke community, have inherited your own personal fortune along the way from the life philanthropy of
others. And, irrespective of the tough economic times in which we all currently live, you each have an
extremely rich life that, like a massive amount of money, you won’t be able to spend all on yourself or
take with you. So, I hope that you will take stock of that wealth and start giving it away to others in ways
big and small—not next week, not tomorrow, but today and every day. I have found that donating life
every day is, by far, the best and most enjoyable way to spend it.”

Justin Fairfax, Trinity ’00, is an Assistant United States Attorney for the Eastern District of Virginia, a
former member of the Duke University Board of Trustees and a current member of the Board of
Visitors of The Sanford School of Public Policy.

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23 Years Erased in 43 Minutes by a Press Release, False Accusations and a Tragic Rush to Judgment

In the final analysis, it is breath-taking and heartbreaking that it only took unvetted and unsworn press
releases – with fabricated and evidence-free accusations that the accusers and their attorneys have not
wanted investigated for three and a half years – and a few minutes for Duke University and the Sanford
School to immediately eviscerate its phenomenal decades-long relationship with me; even as I was then
serving my term as Lieutenant Governor of Virginia and, in fact, was innocent.

We hope that the leadership of Duke University and the Sanford School will now do the right thing and
finally – after three and a half grueling and painful years of the fallout from another damaging high-
profile rush to judgement and then unacceptable silence – clear my name of these false accusations and
seek to rectify the damage that has been caused; just as the University did for its tremendously wronged
students one year after the beginning of the infamous Duke Lacrosse scandal.

The nation – including scores of current and future Duke alumni of all backgrounds – is watching. And, I
still have faith that the Duke University that I know, have loved since childhood and have served
steadfastly for decades will rise to this occasion, to its highest ideals and to the better angels of its
nature.

It is well-past time for truth, transparency, justice, restoration and redemption.

In this moment and always, may Duke University put Eruditio et Religio into practice and take us to
higher ground.

Sincerely,

/s/

Justin E. Fairfax, Esq. (Duke ’00)

41st Lieutenant Governor of Virginia

Enclosure: August 13, 2021 Letter to Duke University from Mr. Fairfax Seeking Resolution
Regarding False Accusations and Removal from Sanford School Board of Visitors

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