Attorney Cari Simon of The Fierberg National Law Group files Title IX lawsuits Against Kansas State University on behalf of two sexual assault victims.
Sara Weckhorst, left, and Tessa Farmer, juniors at Kansas State University, have filed lawsuits claiming the the university mishandled their accusations of rape.The official press release reads as follows:
Kansas State University Will Not Investigate Rapes at its Fraternities
Two sexual assault victims file Title IX lawsuits as University takes no action
MANHATTAN, KANSAS – Two sexual assault victims filed federal lawsuits today alleging Kansas State University (“K-State”) violated their rights under Title IX by failing to investigate their reports of rape by K-State students. Despite the fact the assailants and victims are all students at K-State and the assaults happened at events hosted by University-recognized fraternities and at fraternity houses, K-State has refused to investigate because the rapes happened “off campus.”
As universities across the country grapple with the epidemic of sexual assault on campus and how best to respond to guarantee equal and safe access to education for all students, K-State has taken an unlawful approach: “deliberate indifference,” according to the complaints. The plaintiffs, represented by attorney Cari Simon of The Fierberg National Law Group, bring action to vindicate their statutory rights to equal educational opportunities, rights which K-State violated and will continue to violate absent relief from federal court.
“Kansas State’s interpretation of its sexual assault policy deliberately turns its back on one of the most dangerous aspects of its campus life, conveniently writing fraternity rape out of its responsibility,” said attorney Cari Simon of The Fierberg National Law Group who represents the two victims. According to the complaints, despite months of continued pleading from the victims and their families to investigate the rapes and remove the student-assailants from campus, the victims have been left to languish on campus in fear and under the constant risk of encountering the unpunished and perhaps emboldened assailants.
Sara, one of the plaintiffs, was raped by two K-State students during a fraternity event and again later at the fraternity house. Sara reported the assaults immediately. Over a dozen students witnessed the first assault, some taking photographs and shared on social media. Tessa, the second plaintiff, was raped by an unknown K-State student at a K-State fraternity house, and she also reported the assault immediately. K-State refused to investigate either of the reports of rape because the assaults occurred off campus.
K-State is under federal Title IX investigation by the United States Department of Education because of its failed response the rapes of these two young women, and likely other fraternity rape victims.
“K-State is sending the message it will not hold rapists accountable as long as they lure their victims off campus. Until this practice is changed, the University is emboldening would-be rapists. Sara and Tessa are filing these lawsuits because they do not want this to happen to anyone else.” Ms. Simon said.
“K-State needs to put its students’ safety first,” said Dustin Van Dyk, co-counsel for the plaintiffs. “K-State has knowledge of incidents of sexual assault at its fraternities far beyond those of Sara and Tessa, yet it does not warn victims of those dangers or take action when they report.”
About Cari Simon & The Fierberg National Law Group:
The Fierberg National Law Group represents victims of sexual violence throughout the entire college or high school disciplinary process and judicial hearings, and civil litigation ensuring that their Title IX rights are protected and that perpetrators are held responsible to the fullest extent of the law. The national Title IX movement expertise of Cari Simon paired with the experience of Doug Fierberg in the field of school and fraternity violence make the duo uniquely effective advocates for people who have suffered rape or sexual assault in schools, universities, fraternities, and sororities.