Tulsa University (TU) is being sued by a former student, who claims the school knew that one of its basketball players was a sexual predator, yet did nothing to protect her or other victims of the student athlete.
This, plaintiff Abigail Ross alleged, amounted to a violation of Title IX.
Specifically, Ross claimed that basketball player Patrick Swilling Jr. raped her on January 27, 2012. “After finishing his assault, Swilling instructed her that ‘no one is going to know about this, right?'” according to the complaint. “After plaintiff agreed to not tell anyone, Swilling allowed her to leave, which she did immediately.”
In her complaint, Ross also alleged that there were three other incidents involving Swilling in which he allegedly sexually assaulted other women.
“Despite its knowledge of at least one, and as many as three prior allegations of sexual assault and misconduct perpetrated by Swilling, TU undertook zero investigation of his conduct and permitted Swilling to continue to attend TU,” according to the lawsuit. “TU was deliberately indifferent to the substantial risk that Swilling would sexually harass other female students at TU. As a result of TU’s deliberate indifference, Plaintiff was subjected to extreme sexual harassment in the form of rape by Swilling.”
After the alleged sexual assault, Ross did everything she was supposed to do as far as informing the authorities. “During the Tulsa PD investigation, the police located a second prior victim,” according to the complaint. “This victim was a former TU student who previously reported being raped by Swilling while at TU. This woman had reported her assault to the TU Department of Security, which conducted no investigation into the report. No action was taken by TU, no disciplinary charges were ever brought, and the matter was kept quiet by TU.
“As the Tulsa PD investigation continued, the detective uncovered a third prior victim who indicated that she too had been attacked by Swilling. The third victim described the following: that Swilling followed her into a room during a party without her knowledge and pushed her on the bed. She described that Swilling then attempted to sexually assault her. As she began to scream, other students at the party heard the screams and entered the room and pulled Swilling off of the woman. That woman is identified in the Tulsa PD file. It is unknown who at TU was aware of this woman’s report. Similar to the prior incidents, TU never brought charges against Swilling for this attempted sexual assault, and no disciplinary action followed.
“Despite its knowledge of at least one, and as many as three prior allegations of sexual assault and misconduct perpetrated by Swilling, TU undertook zero investigation of his conduct and permitted Swilling to continue to attend TU.
“Plaintiff knew nothing about the host of prior reports of sexual violence against Swilling before January 27, 2014.”
After the alleged assault, the plaintiff “was forced to re-experience the rape and trauma on numerous occasions throughout the disciplinary process and her campus experience, and because the disciplinary process is not adequately designed to credibly respond to allegations of sexual assault, its findings rest upon material obtained through suspect means that support an inference of witness and evidence tampering, which, in turn, caused plaintiff to suffer the additional insults and injuries associated with victim-blaming, for which TU is liable under state law,” according to the complaint.
Ross ultimately retained lawyer John Clune, a high-profile Title IX attorney, who is also representing the woman who accused Florida State University football player and Heisman Trophy winner Jameis Winston of sexual assault.
Ross is seeking an injunction and damages for violations of Title IX, negligence, negligent supervision and intentional infliction of emotional distress.
