Woman accuses SMU officials of ignoring her allegation that football player raped her
A woman says Southern Methodist University officials turned a blind eye to her sexual assault report against a lineman for the SMU Mustangs, which forced her to spend the past school year living in the same facility as her alleged attacker, according to a lawsuit filed Sunday in federal court.
The woman, identified as Jane Doe in her Title IX suit, alleges that she refused a request to “hook up” after a party on Aug. 24, 2019. Despite her repeated rebuffs to his advances, the 6-foot 4-inch athlete who weighed more than 300 pounds showed up to her dorm room uninvited, took off his pants, pushed her over the side of her bed and then sexually assaulted her, the complaint states.
The woman stated that she was “in fear for her life,” the complaint says.
An SMU official declined to respond to the allegations in the complaint.
“The university does not discuss pending litigation and any responses will be filed with the court,” an emailed statement said.
Doe reported the sexual assault to university officials on Sept. 10, and submitted an official statement about a week later, but “SMU repeatedly obscured and delayed the administration of the Title IX investigation, offering Plaintiff virtually no support or resources,” the lawsuit says.
Doe was left to live in the same dormitory building as her assailant, according to news release from attorney Michelle Simpson Tuegel, who with her sister, attorney Maryssa Simpson, is representing Doe. SMU let its investigation drag on to over 100 days, the release said.
“I think it’s particularly noteworthy that the investigation wrapped up right about the same time as the football season did, which to me points to SMU’s priorities: They’re less concerned about keeping students safe from rape, but more worried about anything that might jeopardize the football season or the SMU brand,” Tuegel said.
According to SMU policy, “the investigation of a formal complaint may typically take up to 60 days to conclude after the filing of a formal complaint. At the conclusion of the investigation, the investigator will create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to the live hearing, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.”
The assailant was not named in the suit against the university, or, to her knowledge, charged criminally, nor has he been named individually in a lawsuit, Tuegel said. Those actions may be pursued in the future, Tuegel said.
Doe was forced to face her assailant around campus, in the classroom and in her living situation, as SMU declined to remove her rapist from its institution or even relocate Doe, the lawsuit says.
Doe was not offered any interim measures, support, counseling, or living arrangement changes despite the nature of the assault and her proximity to her alleged assailant, the suit says. SMU refused to move the alleged perpetrator, which would have been an easy accommodation or interim measure, according to the suit. SMU officials only suggested that Doe move or transfer on her own.
Doe’s complaint was dismissed by the university for “insufficient evidence” in a judgment issued on Nov. 21, and Doe’s request for additional time to respond the university’s conclusion was rejected, the lawsuit says.
Doe was not offered the opportunity to review any contradictory statements, nor refute them, the suit says. The only information provided to Doe was that “two witnesses” provided information inconsistent with her account, the suit says. Doe was also not offered an opportunity to participate in or be present at any sort of final adjudication hearing on the matter, according to the lawsuit.
“It’s shocking that in 2020, after the Baylor rape scandal and so many widely known campus sexual assault scandals, that Southern Methodist University is still consistently failing to take responsibility for the safety of students,” Tuegel said in the release. “When a student bravely reports an act of sexual violence, schools must make immediate adjustments and put interim measures in place to protect the student and to prevent additional trauma and harassment while an investigation takes place.”
