A lawsuit filed by a former Northwestern University women’s lacrosse player alleges the university failed to protect her from a sexual assault last year by allowing her attacker to enroll in the school despite his history of sexual assault allegations.
The lawsuit, filed by a student identified as Jane Doe, also alleges the school failed to carry out a thorough investigation after she reported the attack. The complaint was filed Wednesday and names Northwestern and the university’s board of trustees as defendants.
It is the latest in a series of lawsuits filed against the university since racism and hazing allegations in the football program rocked the campus last month, leading to the firing of former head coach Pat Fitzgerald. NU has hired former U.S. Attorney General Loretta Lynch to review the school’s abuse reporting mechanisms.
According to the complaint filed by lawyer Tamara Holder-DeMaio, Jane Doe was sexually assaulted by a current Northwestern University baseball player in July 2022. The baseball player ignored Jane Doe’s repeated pleas for him to stop during the assault, the suit states.
She reported the assault to athletic director Derrick Gragg “on or about Jan. 10, 2023,” the suit states. Gragg didn’t respond until Jan. 26, when he replied in an email by saying, “I thank you for your outreach and for bringing this matter to our attention. We are committed to maintaining an environment in which community members feel safe, welcomed, and affirmed.” He also apologized for the delay in his response.
Jane Doe then reported her assault to the Title IX office on Feb. 1, 2023, but the university “did absolutely nothing,” according to the suit. She then filed a formal complaint with Northwestern in May 2023.
Jane Doe dropped out of the lacrosse team, according to the lawsuit. “The sexual assault suffered by Plaintiff Jane Doe was so severe, pervasive, and objectively offensive that it deprived her of access to the educational opportunities or benefits provided by the school.”
School spokesperson Jon Yates said in a statement that “an athletics official reported her allegations to Northwestern University’s Office of Civil Rights and Title IX Compliance (OCR)” after receiving Jane Doe’s email in January 2023.
“On the same day, OCR contacted Jane Doe and provided information about resources, supportive measures and resolution options,” Yates said. “Jane Doe’s allegations are currently under investigation by OCR, and OCR remains in contact with her.”
But Jane Doe’s assault could have been avoided had the university not ignored previous sexual assault allegations made against the baseball player before he was admitted to the school in 2021, the suit claims.
At least seven current and former classmates of the then incoming freshman-athlete warned university officials, including then-President Morton Schapiro and then-head baseball coach Allen Spencer that the student “had a documented history as a serial, sexual abuser towards his female classmates throughout middle school and high school,” according to the complaint.
Rather than take measures to protect Jane Doe and other students, “Northwestern ignored the warning and admitted him anyway,” the suit states. The school also allegedly prepared a written statement in defense of its decision to admit the student in the event that the allegations became public.
The lawsuit is seeking unspecified damages.
