Attorney David Gibbs III Discusses the IBLP Lawsuit and Answers Important Questions

Institute in Basic Life Principles (IBLP), Bill Gothard, lawsuit, David Gibbs III

Many are probably aware of the recent news that five very brave women have come forward and have filed a lawsuit against Bill Gothard’s former ministry, Institute in Basiiblp, bill gothard, sex abuse, lawsuit, Institute in Basic Life Principlesc Life Principles, Inc. (IBLP), and six men who serve as Directors of IBLP: John Stancil, Anthony Burrus, Gil Bates, Timothy Levendusky, Charles Stephen Paine, Jr., and David York.

The five women, Gretchen Wilkinson, Jane Doe, Charis Barker, Rachel Frost, and Rachel Lees, are seeking:

“redress and damages for personal injuries based on the negligent and willful and wanton acts and omissions of Defendants with regard to sexual abuse and sexual harassment and similar allegations of malfeasance suffered by the Plaintiffs.”

The complaint’s allegations:

  • All Plaintiffs either participated in IBLP programs, were interns, or employed by IBLP.
  • “Each of the individual Plaintiffs were the victim of sexual abuse, sexual harassment and inappropriate/unauthorized touching, many times while they were minors, at the hand of the IBLP, by and through its agents and employees, and suffered as a result thereof.”
  • Employees and directors of IBLP were aware of the sexual abuse/harassment allegations, and failed to notify authorities.
  • There was an internal “investigation” done by staff/employees who were not qualified to do such an investigation.
  • Apparently, no victims were interviewed in the internal investigation. The investigation was labeled as a sham cover-up (to the tune of $50,000).
  • Investigation summary reported that “no criminal activity has been discovered. … However, the review showed that Mr. Gothard has acted in an inappropriate manner, and the Board realizes the seriousness of his lack of discretion and failure to follow Christ’s example of being blameless and above reproach.”
  • IBLP plans to sell off and relocate their headquarters to Texas, “in an attempt to flee the jurisdiction (State of Illinois) where this wrongful conduct occurred.”
  • Each woman seeks $50,000 in damages.

There are quite a few articles covering the lawsuit, which was filed October 20, 2015:

The attorney representing the five women is David Gibbs III. Mr. Gibbs and I have had occasion to talk by phone when the Lourdes Torres vs. Doug Phillips case was breaking, and so I asked if he’d be willing to talk again, and he kindly agreed. The articles I have read above seem to present an accurate summary of what Mr. Gibbs relayed to me regarding the lawsuit. But I have seen other questions in the comments of the articles, and have had my own questions to ask, so I was able to address these with Mr. Gibbs.

iblp, Institute in Basic Life Principles, Bill Gothard, sex abuse, lawsuit, David Gibbs III

Interview with Attorney David Gibbs III

Are there plans to name Bill Gothard himself in a lawsuit at some point?

Mr. Gibbs responded, “Bill is not legally connected with the organization [IBLP]. It is the Board’s decision” if they were to bring him back into the organization. Gibbs noted that adding Gothard to the lawsuit would make it more complicated for various reasons, one reason in particular, that some “clients were less comfortable about suing him directly” because of the abuses. He also described that, typically, “litigation goes against an organization with the goal of compensating victims,” not against an individual, such as Gothard.

This makes a lot of sense. I am on the board of a local nonprofit, and as a board member, it is my responsibility (along with the other board members) to make sure the Artistic Director is doing what he’s supposed to be doing. The Board of IBLP was supposed to make sure Bill Gothard was behaving appropriately. If they had any indication that something was amiss, they had/have a responsibility to act on it immediately. According to the lawsuit, the IBLP was negligent in how they handled these allegations by failure to report to authorities, not removing Gothard immediately from his position, failure to seek sex abuse experts to conduct a thorough unbiased investigation, etc. By suing the Board, it sends a clear message to IBLP that there was negligence on their part. Bill Gothard is no longer with the ministry, but, moving forward, how will they address these concerns? Will children be put in harm’s way? Who will make sure they are protected and safety policies are in place so no child will be harmed, or if something does happen, there are procedures in place to report immediately to civil authorities and minimize further abuse?

Why is this a civil lawsuit instead of a criminal case?

Mr. Gibbs made the important distinction that this is a civil lawsuit, not a criminal case. Anyone can report sex abuse allegations to authorities and they (authorities) may decide to open an inquiry for a criminal case, but that is entirely different than this civil lawsuit. A criminal case is initiated by the government and sentencing can include jail time, etc. A civil case is brought on by parties who ask the court to make the defendants fulfill their legal responsibilities, compensate for harm done, etc. This article gives further information.

Child Labor Laws

There was discussion about children working for IBLP without appropriate pay and/or possible violation of child labor laws. Gibbs indicated that he and his firm always report any alleged criminal activity to authorities, such as possible violation of child labor laws; but once again, it is within the discretion of the government to pursue these allegations and decide if an inquiry is warranted, which may result in a criminal case. Mr. Gibbs is exploring labor violations, which might be a separate case.

Is there an ongoing search for victims of sexual harassment or sexual assault that fall within the statute of limitations for bringing criminal charges against Bill Gothard?

Mr. Gibbs indicated that his “office remains open for anyone” to report sexual abuse allegations. We discussed the Bill Cosby sex abuse scandal and how publicity helped to encourage more victims to come forward. Mr. Gibbs believes it is likely that we will see the number of plaintiffs increase as the case becomes more public and victims realize that they are part of a larger group and won’t have to fight this battle on their own. Based on the number of personal testimonies shared at the Recovery Grace site, I, too, predict the number of plaintiffs to rise.

IBLP Headquarters

We discussed the IBLP property which is currently for sale. There was recent news that IBLP is selling their main headquarters and has plans to relocate to Big Sandy, Texas. Mr. Gibbs indicated the property is worth approximately $100,000,000. The lawsuit requested that if the property is sold, some sort of trust fund is established until the case is concluded. The monies could later be used to compensate victims if the plaintiffs are successful in the lawsuit.

Survivor Lawsuits in General

Have you served as counsel for other lawsuits by survivors against the perpetrators, or is the IBLP suit the second one for you?

Mr. Gibbs responded that he has handled a number of litigations of injured (all types of injuries). This is not the second case.

Do you think there will be more such lawsuits emerging (e.g., negligence, emotional distress, etc.), given the current overall situation with survivors of abuse?

Yes, if someone is abused, they are entitled to compensation for their abuse. We will see increasingly more of this kind of litigation. With national leaders comes responsibility, and part of that is to protect children, keep them safe, and have zero tolerance for child abuse. They should be safe at church and in their homes.

Allegations of Vulnerable Children Revictimized at IBLP

We discussed a bit of the plight of some of the plaintiffs (in general). It’s important to think about these young children and what it was like for them. Some came from abusive homes and were sent to IBLP so they could be “fixed” by Gothard and his teachings. These were kids who were homeschooled and lived sheltered lives. Some of them came from abusive homes and were being sent to IBLP to help their character. They were sent far from home to a strange environment. Their parents trusted IBLP to take care of them. These children likely had no one they knew, which put them in a more vulnerable position.

If they were caught in a sin, there were serious consequences. Some were isolated and/or abused at IBLP. For some, IBLP became their second place of victimization. When they “misbehaved,” leaders would call home to the fathers (also perpetrators) and share the “sins,” and were sent back home. So some went from one abusive home to experience abuse at IBLP, and then back home in disgrace because they failed at IBLP. Just imagine what would happen to a child who returned to their abusive home from IBLP for discipline reasons! The child was to blame in both places! These children had no safe place for help.

The age range of our victims when abused by IBLP was 14 years to 17 years (and continuing for some as adults). Unreported home abuse ranged from ages 4-17.

For people to cover up, hide it, keep it in the family is victimizing children at unbelievable levels. When you see this pattern of a vulnerable child, they get sent to IBLP to a person with a position of trust, you isolate them, then abuse them, that’s horrific. Then when you cover it up – blame them – that’s horrific. Many people don’t survive [emotionally].

Mr. Gibbs went on to discuss the responsibility of Christian leaders:

I do believe religious leaders/organizations need to realize there is a high standard – and society is holding people more accountable. … I think you’re going to see more cases, but hopefully the national leaders will see there is a higher bar of expectations [for accountability].

Can you give an update on the Lourdes Torres vs. Doug Phillips lawsuit?

The case is currently in discovery and depositions are being taken. The case continues, and mediation will likely occur later in the year. Mr. Gibbs indicated that because this is a high-profile case, extra effort has been made to keep media distractions to a minimum.

I mentioned to David Gibbs that some were concerned about him taking the case based on his background and connections, and asked for comment.

Gibbs identified a possible point of confusion: his name. His father is David Gibbs Jr., and he is David Gibbs III. This often causes misinformation and he’s very used to the mix-up. (You can see a chart comparing the two Gibbs’ here.)

Mr. Gibbs then shared in more detail about the process of what happens when he meets a client:

I always sit down with any of my clients and share my heart, explain to them my perspective, my passion, why I’m willing to get involved. The easiest thing would be to do nothing and not engage in this arena. But I wouldn’t feel like I was doing the right thing. I view this as an honor and the right thing to do to represent these women who are victimized.

In terms of stepping forward, my actions speak fairly loudly. Are there things years ago I wish I weren’t involved in? Yes, but in terms of marching forward, [I have] zero tolerance for child abuse and encourage churches to build awareness, to step forward and do things the right way. The folks that have gotten to know me through litigation seem to have a lot of confidence in the sincerity of these actions. I want to encourage these ladies. I view it as my privilege, along with others.

I asked his views of women, especially with regard to the culture of Patriarchy which depersonalizes women.

I believe women are obviously equal to men, created by God – there is no question in terms of their value. [I believe] they should be educated, and receive every opportunity to achieve their full potential. They need to find their identity in God. Some of the dangerous teachings of the overdomination of males to break the spirit [of women] is not loving. It’s wrong and lends itself to abuse.

We have numbers of lady attorneys on staff and they do great work. Every person has to rise and fall on their own merits. Some of what has been taught in Patriarchal cultures puts ladies in positions where they feel horrifically trapped. People who are supposed to protect, turn around and abuse [women]. That’s incredibly sad.

Is there anything that hasn’t been reported in the media that you would like share?

Many of these women were in abuses at home and escaped to get free. It’s heartbreaking.

The vulnerability – once they’d try to pull away, skip one-on-one sessions, counselors were made to telephone their fathers, they were sent back with shame of being sent home where they were abused and having been told by IBLP officials all of the confidential stuff that went on during sessions. Imagine a girl who has never been to school/doctor – that had to be horrifically confusing. All the people you hoped to trust and then find yourself victimized. When you look at culture, many of these ladies felt like they had no place to turn. It’s frightening to step on the national stage and bring forward these claims. Family dynamics, personal dynamics, these cases bring up a lot of painful emotions and courage to come forward.

It was brave of [these] ladies to step forward – scary with abusive backgrounds – courage. It’s disappointing that IBLP forced them into this. We offered to meet [IBLP Board members] ahead of lawsuit being filed, but they refused. In some measure, they were counting on the victims not being willing to come forward. That was a calculated risk on their part. They are concerned about other women at risk.

Internal Investigation by IBLP

We discussed the internal investigation by IBLP. IBLP paid $50,000 for an investigation to be done. This investigation was a “sham.” The results were never publicly released. I was greatly disturbed to find that the no one asked questions of the victims:

No victims were spoken to in the investigation.  It is the lowest level of confidence or credibility if they don’t talk to victims.

The lawsuit will access findings of the “investigation.” They will have to produce who they talked to, the report, the details, so people can judge from themselves.

 There was a calculated effort by the Board to handle it disastrously wrong. Hopefully other churches and organizations will learn from this.

Do you have any thoughts on what it means in the Kingdom for you to participate in the dismantling of a system your father helped create that seems to have shielded these kinds of ministries from scrutiny and accountability?​

I am always honored to stand up for what I believe to be right, and I want to do it with a right spirit. That’s why we offered IBLP to talk. But when people refuse to do things the right way, you have to evaluate options.

Conclusion

The teachings of Bill Gothard and the abuses that have gone on for years at IBLP have harmed many. What many of us have known for years is finally being exposed publicly, thanks in part to the connection with the Josh Duggar sex scandal. Some have concerns about Mr. Gibbs’ involvement in this case. Others want Gothard to be criminally charged and brought to justice. The bottom line is that five brave women have joined together,  chosen Mr. Gibbs to represent them, and to call IBLP to account for the way they have mishandled serious abuse cases.

In my conversation with Mr. Gibbs, the underlying theme I heard was that churches and organizations must be responsible in how they defend and protect children, and they must have policies in place. At the beginning of my conversation with Mr. Gibbs, I asked him if he knew that the number one reason churches are brought to the courtroom is because of sex abuse of minors. Christian churches and organizations have failed miserably in this area. I believe Mr. Gibbs is doing what he can do to bring justice to victims and encourage leaders to make sure our children are safe. I can and will stand behind that. I hope you will all join me in praying for the five women and Mr. Gibbs and his staff as they are working hard on this case.

photo credits:  Peas n carrots at Free Jinger

Edit 10/25 Changed “criminal lawsuit” to criminal case” in subtitle for clarity.

47 comments on “Attorney David Gibbs III Discusses the IBLP Lawsuit and Answers Important Questions

  1. It’s a little sad that a lawyer gets his motives for taking the case questioned, when not only is he simply doing his job, but in the process he also represents abused women. I hope justice is served for all involved.

    Liked by 1 person

  2. Is that a picture of the IBLP building? Yes it is. This is only tangentially related, but it appears that sometimes sheep’s clothing takes the form of architecture. The IBLP people have ripped off the very architecture of Wheaton College’s Edmund Memorial Chapel, right down to, not only the brickwork, but even the scroll work above the portico. See picture at:

    http://www.wheaton.edu/About-Wheaton/Map/Buildings/Edman-Chapel

    What better way to give yourself credibility-by-association in the evangelical world than to emulate the look and feel of the place where generations of Wheaton College students received spiritual inspiration and instruction–a place where unconscious but deep impressions will have assuredly set in.

    But as if that weren’t enough, they have also borrowed the general look of the cupola above the Billy Graham Center building, also located at Wheaton College:

    http://www.eatinwheaton.com/photo/Wheaton-IL/DSCF7289

    You all can google additional pictures, but the clock incorporated into the IBLP cupola appears to be borrowed from the Edmund Chapel steeple, and the doorway on the IBLP building is a copy of two doorways off to either side of the platform inside Edmund.

    Like

  3. If “Bill is not legally connected with the organization”. I’m the Queen of England because my name is Elizabeth!

    I wish these women had access to another lawyer.
    Not one related to the lawyer who said NOTHING bad happened at the IBLP!
    That is why his motives are being questioned!

    Liked by 1 person

  4. This should be interesting to watch. I am wondering if Illinois has a statue of limitations for child abuse. For goodness sake, some of these women report that they were teenagers when Gothard made his advances. But, starting with the board is a good move.

    Liked by 1 person

  5. You may want to fix the type-o that mentions Bill “Cosby” instead of “Gothard”.

    Actually, I did mean Bill Cosby. In fact, today I see that 2 more women have come forward with sex abuse allegations against the actor/comedian. The number is now almost up to 60.

    I believe that women will join the original five women on the lawsuit as word gets out.

    Liked by 1 person

  6. Civil lawsuit and Not a criminal lawsuit? There is no such thing as a criminal lawsuit. Criminals cases are simply criminal prosecutions. A citizen can seek an arrest warrant or make a criminal complaint with the US attorney’s office, or local prosecutor’s
    office but that’s not a lawsuits. A prosecutor would still have to be willing to take the case to court. Gothard’s scummery was so long ago that the statute of limitations has long ago expired. Everything he has been accused of is a misdemeanor, so at best he would face a long list of misdemeanors if charged. Very unlikely that sleezy Bill will ever see a court criminal case filed against him. It would be great to see his ” ministry ” in total ruin before he crooks. That would be justice, everything you worked for your entire life blown to dust and the whole world knows you were just a twisted, legalistic pervert with a fetish for women’s feet & hair.

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  7. E. – I understand why his motives are being questioned and that’s why I asked him the specific questions.

    These women had access to any lawyer, but they chose Gibbs III. That’s not going to stop me from supporting them.

    Like

  8. Scott, I’m certainly no legal expert, but I just did a quick Google search and there are indeed criminal lawsuits. Maybe you are familiar with different terminology? I agree with everything else you said, especially the part about seeing his so-called ministry in ruin.

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  9. “Criminal lawsuit” is not a widely used term. Typically in the USA a civil action seeking monetary damages or other relief, such as injunctive relief is called a “lawsuit”. The wrongs addressed are torts, breaches of contract, etc. The burden of proof in these matters is typically a preponderance of the evidence

    Criminal prosecutions are instituted by lawyers representing the state, and employed by the state. US Attorneys prosecute on behalf of the United States. The bulk of criminal prosecution is undertaken on the state level by District Attorneys, Commonwealth’s Attorneys, Solicitors etc.

    In some states anyone can swear out a warrant alleging that a crime was committed, but the final decision as to maintaining a criminal prosecution lies with the attorney for the state, as these are “public wrongs”, in old-fashioned language “offenses against the peace and dignity of the state”. The burden of proof is beyond a reasonable doubt.

    If a person believes a crime has been committed, it should be first reported to the police so that an investigation can be conducted. Then the matter can be reviewed by the prosecutor to determine if enough evidence exists to proceed.

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  10. BTW, I changed “criminal lawsuit” to “criminal case” so the the terms won’t be a distraction to the bigger and more important message. It looks like I only used “criminal lawsuit” in the subtitle, the remaining times, I used “criminal case.” Thanks for your feedback, Scott and Keith.

    Like

  11. @mrskatie,

    Not sure where you live. I don’t watch tv, but even I heard about Cosby. As the saying goes, if it’s really important news you will hear about it within 24-72 hours even if you don’t watch tv. That was true for me.

    Like

  12. Maybe Keith can comment but I do think Gothard has been accused of felonies, not just misdemeanors. In several stories on Recovering Grace, people report being locked in rooms and deprived of food as punishment for supposedly flirting with someone other than Gothard.

    Food deprivation was a frequent problem with some youth being required to regularly work through meals. People reported serious weight loss and constant hunger.

    Like

  13. Maybe Keith can comment but I do think that Gothard has been accused of felonies, not just misdemeanors. In the stories on Recovering Grace, several people report being locked in a room and deprived of food for offenses like supposedly flirting with someone who was not Gothard.

    In addition, some young people were assigned jobs that required them to work through meals with resulting serious weigh loss.

    Like

  14. @mrskatie:

    Wow. Guess I’m behind the times. Had no clue that Cosby was a sexual offender.

    Somebody always doesn’t get the news; this time it was you.

    Though with Cosby, drugging a woman to have sex with her is coming to be called “Pulling a Cosby”. That’s how bad it gets.

    Like

  15. Maybe Keith can comment but I do think that Gothard has been accused of felonies, not just misdemeanors. In the stories on Recovering Grace, several people report being locked in a room and deprived of food for offenses like supposedly flirting with someone who was not Gothard.

    Marsha, are you a new commenter here? If so, welcome! We have another Marsha who posts regularly here. Can we add something to Marsha (an initial or number, etc) so we can distinguish you two? Thanks!

    Like

  16. Same Marsha! My e-mail address has changed. The first time I tried posting, I came up as anonymous. Also, my name and my e-mail address usually come up automatically with the comment box but tonight I am having to re-enter it for each post.

    Like

  17. Julie Anne–BBC, you mean British Broadcasting asked you to remove the comments? I am so impressed!! If not, then who or what is BBC? Inquiring minds want to know–well, at least MY inquiring mind!

    Like

  18. I cannot speak to to whether the conduct described would constitute a felony in Illinois. In Virginia locking someone in a room without lawful authority would constitute “abduction”, a class 5 felony. The sentence can be up to 10 years.

    Virginia also has a statute prohibiting child abuse by “overworking” a minor. This is also a class 6 felony, with a sentence of up to 5 years.

    Indecent Liberties-Custodial is a felony charge here which can often be used in cases involving ministers, coaches, teachers, family friends, etc. where the child’s well-being is entrusted to an adult and the adult engages in sexual conduct with the child.

    We do not have statutes of limitation for felony offenses. I am currently working on a case with offense dates in the early 80’s.

    Re: Statutes of Limitation. I would have to research this, since it never really comes up here in felony cases, but I wonder if due process issue might arise when the SOL is retroactively applied.

    Like

  19. I just read the article re: Illinois Statutes of Limitation. This law only applies prospectively. In any event it is a good start.

    Like

  20. Pingback: Five Women Sue the Institute in Basic Life Principles (IBLP) | The Wartburg Watch 2015

  21. Pingback: Five Former Female Interns Sue the Institute in Basic Life Principles (IBLP) | The Wartburg Watch 2015

  22. Here’s more fruit of Gothard’s Life Principles in the lives of his followers.

    Exclusive: Feds Investigate Hobby Lobby Boss for Illicit Artifacts.
    One of America’s most famously Christian businesses is amassing a vast collection of Biblical antiquities. The problem is some of them may have been looted from the Middle East.

    http://www.thedailybeast.com/articles/2015/10/26/exclusive-feds-investigate-hobby-lobby-boss-for-illicit-artifacts.html

    Like

  23. Pingback: Linkathon! » PhoenixPreacher | PhoenixPreacher

  24. @Julie Anne

    I wasn’t questioning you supporting them.
    I’m very sorry if I sounded that way.
    I’m glad you’re asking questions and reporting on this at all.

    Fed up with hearing about biblical repentance and very happy to see these women being brave enough to take these steps.

    PS-
    I’m also sorry as I tend to get a bit emotional on this topic.

    Liked by 1 person

  25. Pingback: Bill Gothard Defenders Launch Website within Days of Civil Lawsuit against His Former Ministry, IBLP | Spiritual Sounding Board

  26. Pingback: “…Someone Needs to Sue These Bastards.” Are Evangelical Christians Reaching a Tipping Point When it Comes to Lawsuits and Legal Action? | Wondering Eagle

  27. I was horrified when David Gibbs III was originally announced to be representing the plaintiffs. I have been concerned given his background that he was not to be trusted, now I have proof my concerns were warranted. My heart breaks for those who are being re-victimized by Gibbs.

    Just because Gothard is a con artist, doesn’t mean Gibbs is trustworthy. He’s a con artist too and not to be trusted as far as I’m concerned. I know some people say we need to be silent about our concerns with Gibbs to show solidarity with the victims but these plaintiffs deserve better.

    http://homeschoolersanonymous.org/2016/02/20/motions-to-disqualify-david-c-gibbs-iii-allege-serious-misconduct/

    Like

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