Little Earthquakes 6
A Serialized Work of Fiction
Little Earthquakes
Installment Six
EXT. LAYE UNIVERSITY CAMPUS — DAY — 2012
Rebecca Chang is walking back to her dormitory. She walks up a staircase and down a hall. When she unlocks the door, she sees a letter sized envelope with a label that states "Office of Student Conduct — URGENT NOTICE."
She opens the envelope and pulls out a letter. The top of the letter reads "Notice of Mandatory Preliminary Hearing for violation of the student code of conduct."
Rebecca picks up her cell phone, almost dials Elena, then shuts her phone. Rebecca picks up her bag, still holding the letter, and walks out of her room. She makes her way across campus grounds to the administrative building.
Cut To:
INT. DEAN OF STUDENT AFFAIRS OFFICE
OSCAR BOWMAN (late 40s) sits behind a polished mahogany desk. He looks calm. Rebecca stands over the desk, furious.
REBECCA
Dr. Bowman, this letter is bullshit—a violation of the student code of conduct? Is rape within the code of acceptable conduct then?
OSCAR
Ms. Chang, this is not an appropriate conversation. Right now, there's an allegation pending official investigation. Your post on Tumblr goes against the rules of conduct. Furthermore, you used campus property in the Computer Lab to publish an inflammatory post.
REBECCA
Dr. Bowman, the school can do whatever they feel they need to do. I'm sure that the university trying to silence two minority students will go over well with the public.
OSCAR
You can air your grievances at the hearing.
REBECCA
Oh, I will.
Rebecca leaves just as she came in, with a stride of purpose.
Cut To:
EXT. KAS AND DILLON'S HOUSE — DAY — PRESENT
Kas is walking with Dillon with barely detectable limp on his left side. Both men are smiling. Dillon is carrying a bag of clothes from Kas's discharge.
They open the front door. As soon as the door is opened, they see the family inside welcoming them. Adam, Iris, Elena, JAVIER (37) and RAY (7) in the foreground and a "WELCOME HOME" sign and balloons in the background.
ADAM
Welcome home, little brother.
Adam holds Kas for a beat too long.
KAS
Thanks, big brother. I love you, too.
RAY
Uncle Kas!
Kas leans down.
KAS
Did you miss me, buddy?
RAY
Yeah. You're my favorite uncle.
Kas hugs Ray.
ELENA
He's my favorite uncle, too.
JAVIER
Mine, too!
They all laugh.
IRIS
Come in, come in. Get settled so that we can feed you. I made healthy versions of your favorites.
KAS
Thank you. You shouldn't have but I appreciate it.
Closeup on Iris.
IRIS
I wanted to.
Match Cut To:
INT. KAS'S APARTMENT — DAY — 2003
Closeup on Iris (30).
Iris is distressed and fighting back tears.
IRIS
I'm sorry, Kas. I didn't know where to turn to.
KAS
Hey, we're family. My door's always open. How bad is it this time?
IRIS
We've got about $300 in our account.
KAS
Jesus. Woo. Okay. Look, I want to help you but you have to promise me that you'll open an account in your name only. You can't tell Adam that this account exists.
IRIS
How? He'll see statements in the mail.
KAS
Iris, don't worry about that. Just focus on taking care of yourself and Elena.
IRIS
Okay. What can we do to help him beat this addiction?
KAS
I don't know. I've tried gentle love, tough love, silent treatment—nothing has worked. He started gambling after our parents died.
IRIS
I'm sorry, Kas. I know you never got to make peace with them.
KAS
I don't want to think about that now. You and Elena are in the here and now.
Kas walks over to a desk and opens a drawer. He pulls out a checkbook and writes out a check. He walks back to Iris.
KAS
Here. This should help you get through.
IRIS
Thank you, but we can't be a burden to you. You have your own life.
KAS
It's fine, I promise. I only have myself to look after. I love you guys. Just promise me this will go into a separate account.
IRIS
I promise.
Cut To:
INT. ADAM AND IRIS'S HOUSE — AFTERNOON — APRIL 2012
Iris is tidying up the dining room when Elena walks in.
ELENA
Mom.
IRIS
Dime, mija.
ELENA
I think I'm ready to talk to our attorney.
IRIS
Are you sure, nena?
ELENA
Yes. I want to discuss what comes next.
IRIS
I can only imagine how difficult all of this is. I promise you that your dad and I will support your decision.
ELENA
I know. I've been thinking about it for days. I need to do something now.
IRIS
Okay. Let's talk to your dad when he gets home.
Cut To:
INT. WILLIAM NEGRON & PARTNERS, ATTORNEYS AT LAW OFFICE — DAY
Elena and her parents are sitting across from Bill Negron.
ELENA
I want to fully understand the civil suit implications. Will I get to speak my mind to that bastard? Will he get expelled? Will they be allowed to trash talk about me?
BILL
Yes, you'll have your say during the deposition. We can negotiate his expulsion or withdrawal from the university. Their silence can be a condition in the mutual NDA that we'll require.
ELENA
Do my parents get anything?
BILL
Yes, they can get reimbursed for all future medical and therapeutic needs, your tuition, and any transfer costs for you to switch schools. My legal fees would be deducted from the settlement, so your parents will never pay one cent out of pocket.
ELENA
If the case doesn't go your way or I'm not happy with the terms, can I still back out to get justice?
BILL
Yes, we can file a Withdrawal Without Prejudice, which allows you to pause the case and refile at a later date.
Cut To:
INT. UNIVERSITY PRESIDENT LYLE GALLOWAY'S OFFICE — DAY
There's a knock at the door. Galloway's assistant opens the door. CT State Marshal in plainclothes with his badge on his belt walks in and serves Galloway his papers.
CT STATE MARSHAL
Dr. Lyle Galloway, you've been served legal papers.
Galloway looks royally pissed.
Cut To:
EXT. LAYE UNIVERSITY CAMPUS — DAY
Ken Fox is seated at a table talking to another male student. CT State Marshal walks up to him.
CT STATE MARSHAL
Are you Kenneth J. Fox?
KEN
Mmm, yes.
CT STATE MARSHAL
Mr. Fox you've been served legal papers.
Cut To:
INT. DORM ROOM — DAY
Rebecca is at her desk studying. There's a knock at the door.
She opens the door and the CT State Marshal is standing there.
CT STATE MARSHAL
Ms. Rebecca Chang?
REBECCA
Is the school getting rid of me?
CT STATE MARSHAL
Ms. Chang, I'm serving you legal papers.
Cut To:
INT. WILLIAM NEGRON & PARTNERS, ATTORNEYS AT LAW OFFICE — DAY
In a conference room are seated Bill Negron, Ken Fox with his lawyer, JACK RUBENSTEIN (50s), and the Laye University counsel, FRED D'ANTUNO (50s), and a Court Reporter transcribing. Across from them all is Rebecca Chang.
BILL
Ms. Chang, what state was Elena Markaj when she got back to your dorm room?
REBECCA
Elena was frazzled and trembling. She had a big red mark on her cheek, and her left arm had a bruise.
BILL
Was she dressed?
REBECCA
Yes. Her dress was wrinkled and she kept saying, "I don't have my panties," repeatedly.
BILL
I'll pass the witness to Mr. Rubenstein.
JACK (Fox Attorney)
Ms. Chang, isn't this a story that you and Ms. Markaj concocted to squeeze the Fox family for money?
REBECCA
No way. That bastard raped her. Elena was shaking, hurt, and confused.
JACK
Really? How convenient. University investigators found that you posted a photo of Mr. Fox to Tumblr from the Computer Lab. The post was made from a computer that you logged into with your credentials and video footage shows that you were seated at the originating terminal.
Jack raises two printouts, one is the Tumblr post and the other is of Rebecca at a computer terminal with a timestamp matching the Tumblr post.
JACK
Was that the plan? Fake the attack and smear Mr. Fox into embarrassment and a payout?
REBECCA
You really think that two minority female students hatched a plot to extort Ken? Just how many Lifetime movies did your wife make you watch?
Bill cracks a smile but can't let go and laugh.
Cut To:
EXT. CONFERENCE ROOM — DAY
Rebecca walks out of the room, a little rattled but defiant as ever. She sees Elena sitting with her parents and walks over.
REBECCA
Elena... they know that I made the Tumblr post.
ELENA
What?! Why would you do that? Oh my God.
REBECCA
Because I wanted other girls on campus to know and protect themselves.
ELENA
By exposing me?
REBECCA
It was to expose him, not you. I'm sorry but the girls on campus need to know.
Elena puts her head in her hands in frustration.
REBECCA
Don't worry, Laye is pursuing action against me for breaking their code of conduct rules. I'll probably get expelled.
Cut To:
INT. CONFERENCE ROOM — DAY
Ken Fox is now seated across from the three lawyers.
BILL
Mr. Fox. What was the nature of your relationship with Ms. Markaj?
KEN
We had been dating for a few weeks.
BILL
What happened on the night of April 11th?
KEN
Well, sir, she came over to hang out at my apartment before we were supposed to go out. Things got heated.
BILL
Heated?
Bill flashes photos of Elena's face with the red cheek and a second photo of her bruised left arm.
BILL
Heated like you striking Ms. Markaj across the face, pinning her down, then ripping off her undergarments?
KEN
It wasn't like that!
BILL
Your witness, Mr. Rubenstein.
JACK
Mr. Fox, in your own words, what actually happened that night?
KEN
As I said, things were getting heated. Then Elena told me that she liked rough play. I'm not into that but I liked her so much that I wanted to give her what she wanted.
JACK
So, the plaintiff requested rough sex and then tried to weaponize it against you?
KEN
Yes. I wanted her to like me as much as I liked her.
JACK
I have no further questions.
Cut To:
INT. CONFERENCE ROOM — DAY
Elena is now seated across from the three lawyers and Ken Fox.
BILL
Ms. Markaj. What happened after Mr. Fox assaulted you in his apartment?
ELENA
He told me I could freshen up in the powder room.
Elena stares directly at Ken Fox.
ELENA
Ken raped me and then thought I'd still be going to dinner with him.
BILL
What state were you in at that point?
ELENA
I was scared for my life. I was hurt and hurting. My panties were missing. And he still thought that I'd go to dinner.
Slowly shakes her head in disbelief.
ELENA
As soon as I heard the shower running, I ran out and ran back to my dorm.
BILL
Who was at your dorm when you got there?
ELENA
Just Rebecca. She was studying at her desk. When she saw me, I felt even more disgusted and just wanted to shower. Rebecca wouldn't let me. She got me to the hospital but it was a blur. A living nightmare.
BILL
Would you like a recess before Mr. Rubenstein or Mr. D'Antuno question you?
ELENA
No, thank you. I want to get through it and be done with it.
BILL
Mr. Rubenstein?
JACK
Ms. Markaj. Although this has been framed as a violent attack. Did you not in fact request rough play from Mr. Fox?
ELENA
What? Absolutely not—that's twisted.
JACK
Did you and Ms. Chang strike a bargain to benefit from Mr. Fox's wealth?
ELENA
No, you fuck. I was raped.
Cut To:
EXT. CONFERENCE ROOM — DAY
Elena is talking privately to Bill in a corner.
ELENA
Rebecca told me that she was the one who posted online. Can our settlement agreement include protecting Rebecca from expulsion?
BILL
Yes, I have ammunition for the final deposition that will give us leverage.
ELENA
Seriously?
BILL
Seriously.
Elena impulsively hugs Bill.
We move to the other end of the hall where Ken is on the phone.
KEN
Dad, why aren't you and mom here?
LINUS (O.S.)
Son, Jack is there. He'll take care of things.
Ken looks defeated.
Cut To:
INT. CONFERENCE ROOM — DAY
Dr. Galloway is now seated across from the three lawyers, Elena and Ken.
LYLE
I don't understand why the university has been roped into this circus. Whatever actually happened, it happened off-campus.
BILL
Well, Dr. Galloway, we found through an independent investigator that Mr. Fox lived on campus the first two years at Laye. In 2010, he mysteriously decided to move off-campus mid-semester to a nearby luxury apartment complex.
Bill looks directly at Fred D'Antuno, the university counsel.
BILL
Curious, no?
FRED (University Counsel)
We need a recess. Ten minutes. Counsel only.
Fade Out.
