Skip to Content, Navigation, or Footer.

U of M sued for mishandling sexual assault cases

DH logo The Daily Helmsman Logo

A University of Memphis student has filed a lawsuit against the university seeking damages of $5 million alleging that the U of M did not properly handle her complaint of sexual assault by other students.

The university is being sued for denial of the plaintiff's equal access to education, failure to properly train its employees and general negligence in regards to her sexual assault claim.

This is the same case described in detail in the Oct. 10, 2017, issue of The Daily Helmsman. All three individuals — the plaintiff and both accused students — currently remain listed as students in the U of M's database.

In that story, the plaintiff alleged being sexually assaulted by two different U of M students about 20 days apart, the first time at the assailant's home and the second at the Gather of Southern apartments. After she reported this to the university, she said she still had a class in the same building at the same time as one alleged assailant.

The plaintiff's lawyer, Brice Timmons, told The Helmsman in an email that the case could take about a year before actually going to trial, if a trial is even necessary. He said he is confident about his side's chances of winning the case and about the case's positive lasting benefits.

"We firmly believe that the serious allegations made by our client against U of M will be vindicated in court," Timmons said. "We continue to be cautiously optimistic that this case will serve as a catalyst to improve the university’s efforts to address the problems of sexual violence on campus."

Alleged in the lawsuit is the fact that the university took months to do anything about the plaintiff's claims, when their own sexual misconduct policy states that internal investigations should conclude within 60 days. 

"Every reasonable effort shall be made to conclude the investigation and resolve the complaint within sixty (60) calendar days following receipt of the complaint," the U of M policy states. "Within this sixty (60) day time frame, it is expected that the investigator will conclude the investigation, prepare a written report and finding and notify the parties in writing of the determination."

According to the lawsuit, the plaintiff was told by the university that nothing could be done about her alleged assailants until a Memphis Police Department investigation had been concluded. However, the United States Department of Education decided in 2001 that this was not the case, and action could be taken before the conclusion of the investigation.

"It may be appropriate for a school to take interim measures during the investigation of a complaint," reads the 2001 Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students or Third Parties. "For instance, if a student alleges that he or she has been sexually assaulted by another student, the school may decide to place the students immediately in separate classes or in different housing arrangements on a campus, pending the results of the school's investigation."

The university said they could not comment on the specific case while litigation is pending, but an administration spokesman said the U of M "takes seriously all allegations of sexual assault and has the strongest of commitments to follow nationally accepted and recognized best practices in such cases."

University President M. David Rudd sent an email to students and staff Wednesday updating the community on the progress of sexual assault prevention initiatives he introduced in the fall 2017 semester.

One initiative included in these guidelines was the creation of a student-led organization that would target sexual assault. Rudd said the Sexual Assault Prevention and Awareness Coalition has been created and is active.

The initiatives also included the creation of a Title IX Prevention Specialist position, which has been created but has yet to be filled, the creation of a sexual assault prevention task force and the creation of the Memphis Advocacy, Resources and Support (MARS) program, where volunteers will help students deal with the long process of a sexual assault case.


Similar Posts