Articles Posted in Sexual Assault

Tufts University and Harvard University are facing harsh criticism from government officials for their procedures of handling sex assault cases on their campuses.

On Monday the U.S. Department of Education found that Tufts University has not been complying with federal rules on how colleges should address sexual assaults, and stated that the university needs to do more “to ensure the safety of more than 10,000 students” at the school. The case stems from a complaint filed in 2010 by a woman who accused Tufts mishandled her sexual assault allegations. According to a federal investigation, Tufts waited nearly six months before it launched its own investigation of the woman’s complaint, and did not offer the victim appropriate options; including offering to have her move out of the dormitory where she and the accused lived and still requiring the young woman to attend a leadership class alongside her assailant or else face removal from the program.

According to WCVB.com, a Tufts spokesperson said that the school has been working closely with the Department of Education and is “shocked it has been declared out of compliance with Title IX, a federal law that prohibits sexual discrimination and affects education funding.” The school is at risk of losing its federal funding if it does not reach an agreement with the education department’s Office of Civil Rights.

On Tuesday of this week, a White House task force on sexual assault is expected to recommend that schools identify trained, confidential victim’s advocates and conduct surveys to better gauge the frequency of sexual assault on their campuses Harvard University is also facing scrutiny after federal investigators launched separate investigations against the Ivy League school as well as dozens of other schools for allegedly creating hostile environments for sexual assault victims.
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According to the Boston Globe, federal statistics show that the number of sexual assault reports involving Boston-area college campuses is going up-with “forcible sex offense” reports increasing by close to 40% between 2008 and 2012 across 22 campuses. There were 113 Boston sexual assaults in 2012-the highest annual figure in 10 years.

Some are saying that the higher figures could be attributed to more people reporting sexual assault incidents rather than the number of actual incidents going up. However, the study shows that about 88% of victims still choose to not formally report sex crimes.

If you or someone you love was the victim of sexual assault at a college campus, including in a dorm, sorority or fraternity, other school housing, or at a college sponsored-event, you could have grounds for a Boston injury lawsuit. At Altman & Altman LLP, we represent victims throughout Massachusetts that wish to pursue damages against their assailant, the school, and others that could/should have prevented the incident from happening.

Among recent college sex allegations occurring in this state are those involving three members of men’s hockey team at Fitchburg State University. The students are accused of sexually assaulting a woman and they have been barred from campus at least until the police investigation is concluded. The alleged sex assault is said to have occurred off-campus.

Obviously college sex assaults are not unique to Massachusetts. This week, the University of Connecticut filed court papers denying some of the key allegations in a gender discrimination lawsuit accusing the college of ignoring the claims of five women who reported that they had been sexually assaulted. The plaintiffs say their allegations were improperly handled and not taken seriously. One of the plaintiffs, Kylie Angell, contends that the school discouraged her from reporting the rape. Another plaintiff, former UConn ice hockey player ilvana Moccia, was allegedly kicked off the team by her coach because the rape had rendered her not “stable enough” to play.

Sex assault reports rise at Boston-area campuses, Boston.com, February 3, 2014

UConn Denies Women’s Charges In Federal Sex Assault Lawsuit, The Courant, February 3, 2014

Investigated In Sex Assault, CBS Local, February 6, 2014

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Susan Manter is suing Reverent Charles M. Abdelahad, St. George Antiochian Orthodox Cathedral, the Antiochian Orthodox Christian Diocese of Worcester, Orthodox Christian Diocese of New England, and the he Antiochian Orthodox Christian Archdiocese of North America, and a number individuals within the church network for Massachusetts sex abuse damages. Manter contends that these people should have known about the abuse and notified the police.

Abdelahad was ordered to serve 90 days of a 2-year jail term after he was convicted of two counts of sexual assault and battery. The abuse incidents reportedly took place during during counseling sessions at the church office.

Manter, who is in her 40’s, contends that Abdelahad sexually abused her from 2007 through September of 2010. She said that the Antiochan pastor also physically assaulted her and subjected her to emotional abuse.

Emerson College has promised to improve its investigation of campus sexual assaults after a group of students filed a complaint with the federal government against the school.

The complaint was filed last week with the U.S. Department of Education’s Office for Civil Rights. Two of the complainants, sophomore Sarah Tedesco, 19, and junior Jillian Doherty had alleged that Emerson had downplayed and failed to fully investigate at least two separate sexual assault incidents. The complainants also alleged that Emerson violated their rights under Title IX and the Clery Act which states that:

If a school or its employees knows or reasonably should know about sexual harassment (including sexual violence), the school must take immediate action to eliminate the sexual harassment, prevent its recurrence, and address its effects, even if the victim does not want to file a complaint.

Last October, Tedesco had been drugged and assaulted by an MIT student during an off-campus party. Though Tedesco had been hospitalized, Emerson administrators had discouraged Tedesco from talking to police and stated that they would handle the case through their own judicial system.

But Tedesco is now alleging that her school mishandled her case, closing it after several months because according to administrators, “it did not warrant a hearing.” In a second, separate incident, in which Tedesco was assaulted, Tedesco reported the incident to school administrators who again downplayed her complaint. According to Tedesco, her attackers still remain at their respective schools and have yet to face any judicial punishment.

Both Tedesco and Doherty said that filing the complaint was made in an effort pursue changes within the school’s procedures for handling assault cases; not just because of their experiences, but for the sake of all present and future victims of sex crimes.

In response to the complaint, Emerson president, M. Lee Pelton, said a number of steps, including the hiring of a “sexual assault advocate” to support sexual assault victims as well as the establishment of preventative programs, will be taken to properly handle and prevent future similar incidents.

While sexual abuse is a serious crime typically handled by law enforcement, what many victims do not know is that they may also be eligible to file a civil claim against the perpetrator or institution employing the perpetrator. In this case, both schools in which the alleged attackers are enrolled had the responsibility to thoroughly investigate the incidents and administer the necessary disciplinary action.
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Our Boston injury lawyers represent students that have been the victim of violent crimes at schools, campuses, and related facilities throughout the state. Unfortunately, physical assault, shootings, and sexual assault can happen at institutions of learning. Lone gunmen have even been known to choose schools populated by some of our youngest children. Some violent crime incidents are instigated by teachers or students.

Yesterday, three Somerville High School Junior Varsity boys soccer team were arrested on Massachusetts rape charges over an alleged sex assault at Camp Lenox in Otis. The city of Somerville had rented a facility at the camp to foster team building.

Three teens, all high school juniors, are accused of going into a cabin where freshmen students were staying and assaulting three people. One of the accused, a 17-year-old boy, is charged with multiple sexual assault crimes involving a child younger than age 16. The other two suspects are 16-year-olds, and similar criminal charges against them are expected.