HigherEdMorning.com » Must school kick out alleged attacker?

Must school kick out alleged attacker?

August 21, 2010 by Taylor Hannigan
Posted in: From the Courts, In this week's e-newsletter, Latest News & Views

An alleged assault victim says she was victimized again when her school failed to take the right steps in response to the attack.

Delaware State University student Camisha Terrell says a male student at the school beat her after she refused to have sex with him. She also says that when she told the school what happened, it let the attacker stay in school – and even continue to take classes with her.

Terrell said the school’s director of residence life and judicial affairs told her she should change her schedule to avoid contact with the attacker. According to her, it got even worse when the school charged her with violations of the student code and placed her on leave before she had a chance to file a grievance.

Terrell sued, claiming the school created a hostile environment by letting the attacker remain on campus.

The court refused to dismiss Terrell’s hostile environment claim against the school, though it said a separate hostile environment claim against the director could not proceed.

However, a due process claim against the director will go forward.

Cite: Terrell v. Delaware State University.

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4 Responses to “Must school kick out alleged attacker?”

  1. Katherine Markham Says:

    Great article, thanks.

  2. dkarleen Says:

    Thanks Katherine.

  3. Joanne Factor Says:

    Unfortunately, this sort of inaction by schools seems to be in the news lately. Last I checked, assault is a crime and should be prosecuted as such.

  4. dougiesc Says:

    Not enough information!

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