TCU Sexual Assalt Lawsuit Heads to Trial
In 2006, former TCU athletes Lorenzo Jones, Virgil Taylor and Shannon Behling allegedly slipped a drug into a female student's drink, causing her to pass out. She was allegedly raped by all three men, and woke up the following morning with her clothes inside out and her bra missing. She also suffered an outbreak of herpes that required her to be hospitalized. Jones and Taylor were expelled from the University, but prosecutors dropped the charges, apparently because the case would have been difficult to prove.
The student - whose name remains anonymous - filed a civil suit against TCU, alleging that the University knew of the athletes' criminal histories and bad behavior, but did nothing to protect other students from these athletes. That claim was apparently dismissed on a motion for summary judgment in January, but the trial judge has permitted the case to proceed to trial on the grounds that the University may have committed fraud by informing the female student that the University "didn't recruit miscreant athletes" and otherwise describing the campus as safe.
It should be no surprise to anyone that many colleges and universities look the other way at times, in order to recruit athletes that will make their programs competitive. However, this is certainly a unique claim. It does not appear that the TCU campus is unsafe, and this was a targeted attack that is difficult to prevent from occurring. Although Jones pled guilty of misdemeanor assault during high school, there do not appear to be any crimes or misconduct that stand out. Fraud is difficult to prove in this context, and in Texas, requires the plaintiff to establish that the University knowingly or recklessly made a false representation that the plaintiff relied upon. There is also evidence that some of the athletes were disruptive in class, and Jones actually cursed at one of his teachers who then attempted to have him removed from the class. However, this does not necessarily translate into propensity to rape.
This will be an interesting trial to follow, assuming it occurs. The parties may be too far apart to reach a settlement; the victim here has substantial damages, but the University's liability for the incident is questionable, and it seems willing to fight the allegations. Trial is scheduled to begin on May 2.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.