Transgender Brown Student Sues University Over Sexual Assault Allegation Case
Friday, March 04, 2022
A federal lawsuit is alleging that Brown University unlawfully discriminated against a transgender female.
This suit is just the latest in a series of alleged sexual assaults involving Brown students in which one of the parties in the alleged incident has filed suit in federal court seeking action.
In this latest suit filed on Wednesday in Providence federal district court, it was by an individual filing under the pseudonym “Lois Lane.”
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe eight-count suit by Lane - a transgender female - against Brown and a “Jane Roe” claims breach of contract, a hostile education environment, defamation, intentional infliction of emotional distress, and invasion of privacy among the counts.
Lane’s suit states, “Title IX prohibits Brown from discriminating against Plaintiff based on sex, including on the basis of being a transgender female, in connection with any educational program or activity" and that "plaintiff has been the victim of severe, pervasive, and objectively offensive sexual harassment and gender-based discrimination by Jane Roe, a school peer. The gender-based discrimination and harassment has caused Plaintiff to be deprived of educational opportunities and benefits.”
According to the lawsuit, Lane alleges that consensual sexual activity occurred with "Jane Roe" in 2020; Roe however later filed a Title IX sexual assault complaint month later against Lane.
Now, Lane is alleging a pattern of harassment by Roe and that Brown violated Lane's contractual rights as a transgender student.
"Brown’s lack of a response to the gender-based discrimination and harassment Plaintiff has and continues to endure and has brought to Brown’s attention is clearly unreasonable in light of the known circumstances and shows Brown’s deliberate indifference to the discrimination and harassment of Plaintiff," states Lane's suit.
In addition, Lane is suing Roe in her personal capacity for Defamation; Intentional Infliction of Emotional Distress; and Invasion of Right to Privacy.
It marks the latest federal lawsuit regarding allegations over the Ivy League institution’s handling of sexual assault and Title IX complaints on campus.
Incident Involves Allegations of Assault, Fraternity Rushing and Failure to Follow University's Processes
In the twenty-seven-page complaint filed by “Lane” on March 2, Lane alleges meeting — and engaging in — consensual sexual activity with Roe after a party at the Zeta Delta Xi (Zete) fraternity in February 2020.
According to the lawsuit, after the activity at “no time did Jane Roe indicate that she was uncomfortable being around or communicating with Plaintiff.”
In the fall of 2020, however, Roe filed an “informal” complaint with Brown’s Title IX office relating to the encounter, Lane alleges only learning of the complaint in January 2021.
The lawsuit said that following the complaint, Lane withdrew from pledging Zete — that Roe was pledging as well — after learning that the fraternity “conducted meetings, at which Plaintiff was determined to be excluded and banned from the fraternity and from contact with its members.”
Zeta Delta Xi describes itself as "a co-ed fraternity that brings together many different individuals from very different backgrounds."
Furthermore, the lawsuit says that in January 2021, as a transgender female, Lane was placed in a dormitory suite with four male students.
“Prior to the start of freshman year, Plaintiff expressed a preference for and requested gender-neutral housing. Brown was fully aware in January 2021 of Plaintiff’s gender identity but Brown failed to take it into account in its January 2021 housing assignment,” states the lawsuit.
Lane then had to “relocate to another dormitory, then having Brown demand that Plaintiff change housing again, [which] caused Plaintiff substantial emotional distress and anxiety and was disruptive of their studies.”
After Jane Roe filed a formal Title IX complaint against Lane in September 2021, Lane in the suit alleges that Brown had in effect Title IX procedures in place — that were then changed.
“When Plaintiff matriculated as a student at Brown in the Fall of 2019, Brown had in effect the following Title IX procedure: Complaint Process Pursuant to the University Sexual and Gender-Based Harassment, Sexual Violence, Relationship and Interpersonal Violence and Stalking Policy (“2019 Title IX Procedure”),” according to the lawsuit.
“Section VIII.A.8 of the 2019 Title IX Procedure expressly provides in pertinent part,” the lawsuit continues. “The parties may submit a written statement to be considered by the hearing panel. The written statement must be submitted twenty-four (24) hours before the scheduled hearing.”
The lawsuit goes on to state that Brown then adopted new Title IX procedures in 2021 — which deprived Lane of the right to submit a written statement to the allegations made by Roe, as had been previously allowed under 2019 policy.
Attorneys for Lane and Brown University did not respond to request for comment.
Latest in Recent Sexual-Assault Lawsuits Against Brown
In January, a judge ruled that a Brown mens' lacrosse player accused of sexual assault could return to campus — and rejoin the team.
A federal court judge ruled this week that a Brown lacrosse player — who had been accused of sexual assault and suspended by the university — can return to campus during the college’s investigation into the allegations.
As GoLocal first reported earlier in January, two members of the men’s lacrosse team at Brown were accused this past fall of sexual assault. The two alleged unrelated incidents took place over the Halloween weekend and Brown placed both students on suspension.
In two separate lawsuits, the alleged perpetrators have been seeking federal court action to intervene so that they can continue at the university academically and play lacrosse this spring.
In the case of “John Stiles” — the first case filed in December using a pseudonym for the alleged attacker — United States District Judge Mary McElroy Tuesday ruled that Brown must allow him back on campus.
Moreover, McElroy said “Stiles” can be allowed back on the lacrosse team.
Now, GoLocal has learned that the lawsuit by the second student accused of sexual assault — “David Smith” — has been dismissed.
Related Articles
- UPDATED: Judge Rules Brown Lax Player Accused of Sexual Assault Can Return to Campus, Rejoin Team
- Two Brown Lacrosse Players Accused of Sexual Assault Are Suing the University
- Brown Defends Lax Player Suspension, Lawyers Say It Is a “Death Penalty”
