It was a very violent crime, student subject to suffocation, kicks to head and groin and touching. Professor pulled his pants down and kicked him in the testicles until he went unconscious.
University is refusing to turn over documentation, is threatening legal action for inquiring. What are some good law firms that might be able to help the student file a lawsuit against the University? I am guessing it would involve knowledge of Title IX, sexual assault laws, as well as willing to handle an unusual case? I am sure the student can receive some compensation even though it is over the statue of limitation, as the student has a mental disability and got a brain injury from the assault.
Reminder that CC is not a referral service so general advice only please.
Look up news stories for the name of firms representing victims. If you can’t find one in your jurisdiction find a similar case in a nearby jurisdiction and ask that firm if they have any recommendations for firms that handle cases in your jurisdiction.
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You will need an attorney from the state where the assault took place.
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I did this. It’s a public university in Texas but so far the firms in Texas have declined because of statute of limitations. So the only option would be to sue on Title IX and university administrative violations. The University Title IX is not responding to any emails, so that may be a violation, for example. Problem is, senior current university administrators knew about it, but failed to act, so they have a strong incentive to not do anything now. But it was extremely brutal and the student got brain and testicular damage, and lots of witnesses, so should not be hard to prove.
That is Texas, do you know any firms in Texas that do this sort of work? So far, they have said no, but a firm in Denver seems to be interested, not sure however.
Also, thank you for the advice
Was the case criminally prosecuted? Was there a conviction?
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No, the professor/administer still works there. The student did not report to anyone, and apparently none of the faculty/staff witnesses reported. I submitted FOIA requests with the university, but they don’t turn over anything. So in Texas, faculty/staff are mandated reporters so that may by why the University is taking a hard stand against anyone who asks.
What a sad situation.
Often a tenacious reporter can get quicker results that a private citizen or the injured party.
Have you thought of discussing the assault with a reporter (look up the byline of the person who covers Higher Ed for CNN, local news stations)? A sit-down with a reporter can often generate some immediate phone calls to the Provost, President, Member of the Board asking for comment; asking “is it true that you have prevented mandated reporters from discussing the case with the appropriate people in law enforcement” and “is it true that you are sitting on a legitimate FOIA request?”
They may be able to ignore a private citizen… but a reporter is a different thing altogether and is likely to trigger a quick meeting with the legal department to figure out the best and least expensive way to make this go away. So often the best path to a substantial payout is NOT retaining a lawyer (for now. You’ll need a lawyer to help with a settlement and it will be worth every penny).
Sad situation…
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You may want to file a complaint at the federal level if the school refuses to cooperate. Or maybe a free legal assistance advocate. Here is an article I found: The Title IX Process - Equal Rights Advocates. I am not familiar with this organization, but the information they provided in the article is good.
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Yes, that you for the advice. It is very sad.
He asked the Title IX office about filing a report, but they said that if he can’t provide sufficient evidence, he may be charged with “academic dishonesty” and other academic charges, even through this happened many years ago and no one apparently reported it. But how can he report it, when the university no longer replies to any email or turns over anything?
He sustained a lot of body damages to liver, brain and groin. But if he reports it without a good attorney, it can lead to even more problems. I believe that a lawyer can file subpoenas and require.
I contacted a few media people, but because the student has a disability and not much documentation, none seem interested. It seems that the only way is for a well-respected law firm, with experience, to file a lawsuit.
Thank you so much for this information, will contact them.
The victim of this alleged crime may not have any idea that someone is posting in a public forum about the very private incident which may have occurred. CC is not the place for seeking legal advice about felony crimes. For these reasons, I am closing.
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