Two Brown Lacrosse Players Accused of Sexual Assault Are Suing the University
Sunday, January 16, 2022
Two members of the men’s lacrosse team at Brown University were accused this past fall of sexual assault. The two unrelated incidents took place over the Halloween weekend and Brown placed both students on suspension. For both men, their appeals are ongoing.
The two alleged assaults were described by the women to be physical and one reportedly required medical attention.
Now, in two separate lawsuits, the alleged perpetrators are seeking federal court action to intervene so that they can continue at the university academically and play lacrosse this spring.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe two separate lawsuits have each been filed under the pseudonyms of the alleged perpetrators.
Editor’s Note: GoLocal does not publish the names of victims of sexual assault unless they have agreed.
John Stiles — a Pseudonym
In the first case, a member of the Brown University men’s lacrosse team sued the institution in federal court after he was suspended from the college following a sexual assault allegation.
The student -- using the pseudonym “John Stiles” — is accused of sexually assaulting another student, who in November filed a Title IX report based on her allegations.
The female student who filed the complaint against Stiles alleges she had been assaulted -- and injured -- by him on the night of October 30, 2021.
Stiles has been suspended while under investigation by Brown.
According to the court filing by Stiles, the investigation will not conclude until after his original graduation date — which he alleges could negatively impact his post-graduation plans — and he is suing for breach of contract.
“John’s removal from campus and interim suspension will cause him to be unable to graduate on time or play varsity lacrosse, and may cost him a job opportunity this summer, and therefore constitutes a significant burden which is not counterbalanced by any evidence of ongoing risk to Jane or the Brown community,” wrote Stiles’ attorney Richard Ratcliffe in a court filing.
Brown's Response
Brown is vigorously defending its actions.
“We strongly dispute the plaintiff’s allegations. We have conducted (and will continue to conduct) the disciplinary process in accordance with Brown’s policy, which is in place to address complaints of sexual misconduct in a prompt, impartial and unbiased manner and is grounded in fairness and support to both complainants and respondents,” Brown spokesperson Brian Clark said in a statement to GoLocal. “We will present the facts and our argument as the judicial process continues.”
Stiles, in his suit, also alleges that he and “Jane Roe” had prior consensual sexual activity in the fall of 2021, before an encounter in October that he said was also consensual, but Doe accused Stiles of sexual assault the following week and filed the Title IX complaint.
Stiles was suspended from campus the day after she filed the complaint; then, more than two weeks later, Stiles' lawsuit states his suspension was replaced with a removal from campus and remote learning requirement — including being held responsible for taking exams.
The lawsuit by Stiles is alleging a breach of contract, stating Brown "failed to afford John his right to be assumed ‘not responsible' for the alleged violation against Jane because it removed him from campus and suspended him before performing any investigation of Jane’s complaint.”
“Brown breached its contract with John by denying him his right to be presumed not responsible, denying him meaningful participation in an important phase of the Title IX process, imposing grave interim measures without ‘reasonable cause,’ failing to consider the significant and unreasonable burden a postponement of John’s graduation date will cause, and failing to provide him adequate academic support to allow him to continue his studies while this matter is pending,’ states the lawsuit.
Stiles is also seeking injunctive relief — and a trial by jury on all issues “if so triable.”
Brown, in its court filings, is seeking to force Stiles to proceed under his real name.
“While calling the student ‘Jane Roe,’ Plaintiff [Stiles] has provided a clear roadmap of personally identifiable information to easily unmask her identity and thereby connect her to his scandalous attacks against her throughout his pleading,” wrote Brown’s attorney Steven Richard for Nixon Peabody.
“Plaintiff’s method of pleading (which is seemingly retaliatory in its tone and content) should not be condoned and rewarded by allowing him to shield himself as an anonymous litigant seeking redress from the Court (both injunctive relief and monetary damages), while he has purposefully elected to deny the non-party, complaining student’s right to anonymity in this litigation,” he continued. “Purporting that he seeks confidentiality to protect his reputation, Plaintiff has done the exact opposite to the non-party complaining witness who can be easily traced in the pleadings.”
Stiles' attorney Richard Ratcliffe did not respond to request for comment.
David Smith Facing Sexual Assualt Allegations
In the second case, attorneys for the other lacrosse player "David Smith" -- including former Rhode Island Attorney General Patrick Lynch -- argue in their filing, “This is a narrow complaint solely addressing Defendant Brown University’s decision to suspend a student, Plaintiff David Smith, on an interim basis, prior to conducting any investigation, based solely on unsupportable, untrue accusations of sexual misconduct by a female student. Brown did so despite possessing objective evidence, including photographs, refuting and disproving the accusations.”
"Because the underlying disciplinary investigation is ongoing, there has not been any determination that David Smith is responsible for any violation of Brown’s student policies, and David Smith seeks only to remain a student and to continue his valuable academic and athletic training pending a final resolution, consistent with the presumption of innocence that Brown’s policies promise its students. David Smith’s egregious and gratuitous interim suspension has already caused irreparable harm that will vastly expand until this Court orders Brown to lift it," according to Smith's lawsuit.
Brown University did not respond to GoLocal's question about the Smith lawsuit.
"Brown’s Heavy-Handed and Unjustifiable Response"
Smith's lawsuit states, "On November 12, 2021, Jane Roe, a female student at Brown, filed a sexual misconduct complaint against David Smith that on its face described a physically violent sexual encounter with David Smith that allegedly occurred at approximately 12:30 a.m. on October 30, 2021, and that allegedly resulted in injuries to her. Within a few days, David Smith responded to the complaint with a factually-specific and detailed denial of every accusation of nonconsensual sexual activity within the complaint, and he submitted photographs of Jane Roe—some of which were taken less than 24 hours after the alleged incident, and some of which were taken less than 48 hours after the alleged incident—showing that she had none of the injuries that she alleged."
In addition, the suit argues, "But Brown did not bother to wait for David’s response to the complaint before taking action against him. Rather, Brown informed David Smith of the complaint on November 16, 2021. On November 18, 2021, before David was obligated to or could file his response to the complaint, Brown banned him from campus and suspended him until the allegations against him were resolved, without any indication as to when that may be. Brown’s actions immediately barred him from participating in any Brown activities or classes, including taking his end-of-semester exams that were quickly approaching. Only after David Smith filed multiple petitions for limited relief from these conditions did Brown allow him to complete the semester remotely and to take one exam on campus. However, even after Brown allowed him to submit a response to Jane Roe’s sexual misconduct accusations and had possession of his very credible and factually accurate evidence refuting those accusations, Brown refused to reconsider the interim suspension, which resumed in full force on January 7, 2022. This resulted in a full ban from campus for any purpose including taking classes or participating in his sport."
Lynch in his suit on behalf of Smith claims Brown's actions are unreasonable.
"Brown’s heavy-handed and unjustifiable response to that complaint threatens to upend David Smith’s prospects for a promising academic and athletic career at Brown, as well as his prospects for a promising life and career after college. The resumption of the interim suspension on January 7, 2022, threatens to irreparably harm David Smith in multiple ways. His Spring 2022 classes are scheduled to begin on January 26, 2022, and his athletic training and practices are also scheduled to begin at the start of the Spring 2022 semester. By all indications, David Smith has been suspended and will continue to be suspended and barred from participating in either of these activities, because the formal resolution of Jane Roe’s complaint against him will not be complete by then."
Smith claims mutual consent in the lawsuit, "When David Smith and Jane Roe had sexual intercourse the first time, the condom that David Smith was wearing broke. David Smith panicked at the broken condom and immediately told Jane Roe that he was concerned about pregnancy. Jane Roe responded and assured David Smith that there was nothing to worry about because she had an intrauterine (“IUD”) device to prevent pregnancy. David Smith then asked her if she had any venereal diseases that he should be concerned about, and Jane Roe responded and assured him that she was disease free."
Smith's lawsuit recounts the claims by his alleged victim, "She claimed that, during sex, David Smith 'choked' her so hard that she could not breathe and 'almost passed out,' spat in her face and called her a “'slut, and 'pulled [her] hair until chunks of it fell out.'"
Lynch argues in Smith's suit that one complicating factor is that there are critical staff vacancies in the Title IX office at Brown. "Many of Brown’s staff and faculty in its Title IX Office, including its Program Director, are serving 'interim' positions or are newly-installed in their positions. Lack of experience may partially explain Brown’s utter failure with respect to the Threat Assessment Team’s determination and Brown’s implementation." An article in the Brown Daily Herald substantiates the claim.
The suit claims that Brown is being reactive to student activism on campus on the issue of sexual assault.
Both Stiles and Smith assert Brown is guilty of breach of contract and are seeking injunctive relief.
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