A victim of sexual assault and her accused assailant are both suing the University of Idaho after allegations were made that the university mishandled the case in relation to both parties.
The Argonaut generally does not name victims of sexual assault and is not naming either of the parties involved. Both were UI students and both lawsuits claim the mishandled situation has caused ongoing problems with each plaintiff’s education or future employment.
Blake Coker | Argonaut
The female student filed a report against UI alleging the university failed to provide proper accommodations during and after university hearings. She filed a formal complaint claiming she was sexually assaulted by another student Feb. 11, 2016.
The female student is working with Spokane-based attorney Brook Cunningham.
“This is an important issue,” Cunningham, said. “The University of Idaho screwed up and treated this woman really badly.”
The male student is also suing the university and arguing in the 2nd District Court in Latah County that UI made procedural and policy errors throughout the case investigation, robbing him of his due process rights.
The male student is working with Moscow-based attorney James E. Johnson, who said he would not comment on the pending litigation.
The formal complaint by the female student was filed Feb. 23 of last year. The student shared a class with her alleged male assailant and said a UI administrator suggested she stop attending the class and listen to recordings of the lecture at home.
A no-contact order was filed Feb. 26, but despite the order, the alleged male assailant remained in the victim’s class. The female student was never informed when the no-contact order eventually expired several months later.
Although required by law, the female student alleged the university failed to protect and accommodate her. During one point in the initial UI hearings, university officials suggested the female student relocate to UI’s Boise campus to avoid contact with her assailant.
“Our complaint is completely against the school for victimizing the victim after she reported the complaint,” Cunningham said. “Once you report a complaint like this, and during the investigation process, the school has certain obligations to the victim to be sure they’re safe under Title IX and the school did not follow these.”
On April 4, the Title IX Investigation Report concluded the male student did sexually assault the female student. According to the formal complaint, the Title IX Investigation Report states, “the investigators determine that it is reasonable to conclude that it is more like than not the Respondent (alleged assailant) engaged in sexual contact without consent on or about February 11, 2016.”
Nearly three months after the university found the male student guilty of sexual assault, the UI Student Disciplinary Review Board confirms the Title IX Report.
The university officially recognized the female student’s tort claim November 2016.
According to an Idaho Statesman article published Thursday, the male student says a gag order infringed upon his freedom of speech.
Cunningham said the university touts its reputation with handling Title IX cases.
Cunningham emphasized that sexual assault among students should always be reported and the university should properly respond.
“These sexual assaults should be reported, and, when they are reported, the school should appropriately respond and follow Title IX and help the victim rather than essentially pile on to the victim like they did in this case,” Cunningham said. “I think this is a huge issue right now in society.”
Savannah Cardon and Hailey Stewart can be reached at [email protected]