Majority of allegations in the Jane Doe lawsuit dismissed

The+Womens+U+and+AAUW+student+organizations+have+hung+posters+in+support+of+sexual+assault+survivors.+Photos+by+Concordiensis.

The Women’s U and AAUW student organizations have hung posters in support of sexual assault survivors. Photos by Concordiensis.

Alex Appel, Emeritus Editor-in-Chief

A federal judge in New York dismissed the bulk of allegations made by an anonymous student in a lawsuit against Union College. 

In a complaint filed on March 1, 2019, Jane Doe claimed that she was raped before the start of her freshman orientation in September 2018. This alleged rape was perpetrated by “Assaulter Roe” who Doe stated she met at a party hosted by Theta Delta Chi. Doe claimed she was raped in an apartment that was separate from the location of the party.

On March 5, 2020 Senior U.S. District Court Judge Gary L. Sharpe dismissed Doe’s accusation that Union violated Title IX and created a “hostile education[al] environment.” In addition to this, TD Chi was terminated from the lawsuit. Two weeks later, Sharpe dismissed Doe’s claims against former Title IX Coordinator Melissa Kelley, former Director of Student Conduct Trish Williams and Chief of Staff Darcy Czajka ’00 as well.

Although the charges against Kelley, Williams, Czajka and TD Chi were dismissed, the accusation that Union mishandled the Title IX case remains.

Sharpe stated in his decision that the College may have been “deliberately indifferent to her Title IX complaint.”

“Our focus remains on continuing to hold Union College accountable for the multiple errors it made, as detailed in the Court’s decision and the damage that it has perpetrated against our client,” Gabrielle M. Vinci, one of the lead attorneys representing Jane Doe, said. Doe’s legal team is considering an appeal, according to Vinci.

“The College is pleased with the court’s dismissal of a significant portion of the claims in the Jane Doe lawsuit,” Union spokesperson Phil Wajda said. “As to the remaining allegations, we remain confident that the facts will show that this case was adjudicated in accordance with Title IX policies and procedures in place at that time.”

Doe sued Union, Kelley, Williams and Czajka on March 1, 2019, claiming that the parties mishandled the investigation and hearing that followed Doe’s report of the alleged rape. Doe claimed that Union violated Title IX by mismanaging her case. 

In an amended complaint on April 22, 2019, Doe added TD Chi to the list of defendants, accusing the fraternity of creating an unsafe place for women.

The fraternity’s national office did not reply to a request for comment.

In a separate case, Jane Doe, represented by Vinci’s firm, is suing “John Smith,” seeking at least $75,000. Vinci confirmed that John Smith and Assaulter Roe are the same person. That suit identified him as a “star” member of the Union Men’s soccer team and a senior at the time of the alleged rape.