Lawsuit: 3 Michigan State basketball players raped woman in 2015
Chris Solari, Detroit Free Press Published 5:16 p.m. ET April 9, 2018 | Updated 5:59 p.m. ET April 9, 2018
Three Michigan State basketball players raped a student in 2015, one week after the Final Four loss to Duke, and the university coerced the woman not to report it to authorities, according to a federal lawsuit filed Monday.
The case, which was filed in U.S. District Court for the Western District of Michigan Southern Division, alleges three unnamed players — identified only as John Doe 1, 2 and 3 — took the 18-year-old student Jane Doe home from an East Lansing bar between the evening of April 11, 2015 and the morning of April 12.
The woman never reported the alleged sexual assault to police, said Karen Truszkowski, the woman’s attorney. But according to the lawsuit, the woman did report the incident to a counselor at the Michigan State University Counseling Center, which she claims failed to properly advise her and even implied it would not be in her "best interest to report the incident to law enforcement."
“I think the complaint kind of speaks for itself,” Truszkowski said, declining further comment.
The suit is the latest black eye for a university and a basketball program under fire for its handling of allegations of sexual assault and violent acts against women. It's also the third allegation of multiple MSU basketball players raping a woman since 2010. Only one of those incidents were reported to police.
In 2015, the federal Office for Civil Rights determined MSU’s handling of some Title IX cases had created a “hostile environment” for individuals who complained about relationship violence or sexual misconduct and found there was confusion among MSU’s athletic department staff about who should report sexual assault claims to the university’s investigation office.
It wasn't immediately clear Monday if MSU coach Tom Izzo or anyone in the MSU athletic department was notified about the allegations.
Emily Guerrant, MSU’s vice president and university spokesperson, said the university does not comment on pending litigation. A message for the MSU athletic department was not immediately returned.
The woman, who remains a student at MSU, alleges she was at Harper’s Bar when the Spartans’ basketball team arrived after midnight. One of the players offered to buy her a drink and asked if she would like to meet “other guys” from the team. The woman, who was a sports journalism major, alleges one of the players then invited her to a party at an apartment and one player “lied” and told the woman her roommate was on her way to the party.
The lawsuit says the woman was having a difficult time holding her glass, though she said she did not have a lot to drink. She then accepted a ride to the party from two players — the party was at one of their off-campus apartments — and there was no party and her roommate was not there.
The lawsuit alleges the woman “was feeling discombobulated” and tried to send a text but could not control her thumbs and believed she may have been drugged. Then the first player allegedly pulled her into a bedroom and told her, “You are mine for the night.”
After the woman asked for water and to see basketball memorabilia, the second player then took her to another room when the lights went out.
According to the lawsuit, the woman said she was forcefully thrown face-down onto the bed and held so she could not move while the second player raped her from behind. The woman was crying and could not speak, her lawsuit claims, and she did not consent to the activity.
The lawsuit alleges the first player and a third player took turns raping her after the second player finished. The woman claims she does not remember anything until waking up on a couch a few hours later, then called a taxi back to her dorm. There, her roommate told her she did not know about a party. The roommate, the lawsuit states, had been looking for the woman.
The lawsuit says on April 20, 2015, the woman reported the rape to a counselor at the Michigan State University Counseling Center and completed an initial intake and assessment. When she disclosed to the counselor the three men who allegedly raped her were MSU basketball players, the female counselor’s demeanor reportedly changed and told the alleged victim she needed another person in the room with them. According to the woman, it was not clear who the additional person was or why they were brought into the room.
According to the lawsuit, the MSU Counseling Center staffers then “made it clear to Plaintiff that if she chose to notify the police, she faced an uphill battle that would create anxiety and unwanted media attention and publicity as had happened with many other female students who were sexually assaulted by well-known athletes.” The staff members, per the court filing, then reportedly advised the woman they had seen a lot of these cases with “guys with big names” and the best thing to do is to “just get yourself better” implying to the woman it would not be in her best interest to report the incident to law enforcement.
The woman’s suit claims she was not advised to have a physical exam, seek medical treatment or have STD or pregnancy tests. It also alleges she was not notified of her federal Title IX rights, protections, and accommodations.
“Plaintiff was expressly told by MSUCC staff that ‘if you pursue this, you are going to be swimming with some really big fish,’” the lawsuit alleges.
The lawsuit says the woman then became “frightened” and did not report the alleged rape to either police or MSU’s Office of Institutional Equity. She also did not file a no-contact order and claims she was not advised by the university’s counselors of that option.
According to the lawsuit, the woman in October 2015 “had become so traumatized, depressed, and withdrawn to the point that she was admitted to the Sparrow Hospital outpatient psychiatric dayprogram for intensive psychiatric treatment.” She withdrew from classes that semester and, according to the lawsuit, explained to university officials she had been raped and was suffering from the trauma.
The lawsuit adds the university did not offer the woman academic assistance and was not referred to the Title IX office.
The woman resumed classes in January 2016 and changed her major. She sought private psychiatric care in February 2016 and remains on prescribed medication, according to the lawsuit.
A Free Press investigation in January found three previously unreported sexual assault allegations in MSU’s football program, with a total of six cases of sexual assault involving 11 players during Mark Dantonio’s first 11 seasons. Coach Tom Izzo’s basketball program had one reported incident of sexual assault in August 2010. All but two of those cases, both of which occurred in 2017, were dismissed by then-Ingham County Prosecutor Stuart Dunnings III.
The two cases last year resulted in sexual assault charges from current prosecutor Carol Siemon. However, Josh King, Donnie Corley and Demetric Vance received plea deals last week that would lessen their charges to seduction and would not require them to register as sex offenders. The seduction charge, which involves seducing an unmarried woman for sexual acts, is a felony with a maximum sentence of up to five years in prison. Police also allege that King recorded himself having sex with the woman.
The three players in the January 2017 sexual assault case, who were dismissed from MSU’s football team and the university last summer, also were granted the Holmes Youthful Trainee Act. Their court records would become non-public under a state law that allows judges to close the records of young offenders if they meet the conditions of their agreement and do not commit any other offenses.
A fourth player, Auston Robertson, is awaiting trial on two counts of third-degree criminal sexual conduct charges from an alleged assault in April 2017.
An ESPN report in January also alleged two former Spartan basketball players allegedly sexually assaulted a woman in April 2010, with a letter claiming then-athletic director Mark Hollis said he would personally investigate the allegations. There was no police report filed in that case, and any resolution is unclear.
Hollis resigned Jan. 26, hours before the Free Press and ESPN reports were published.
Chris Solari, Detroit Free Press Published 5:16 p.m. ET April 9, 2018 | Updated 5:59 p.m. ET April 9, 2018
Three Michigan State basketball players raped a student in 2015, one week after the Final Four loss to Duke, and the university coerced the woman not to report it to authorities, according to a federal lawsuit filed Monday.
The case, which was filed in U.S. District Court for the Western District of Michigan Southern Division, alleges three unnamed players — identified only as John Doe 1, 2 and 3 — took the 18-year-old student Jane Doe home from an East Lansing bar between the evening of April 11, 2015 and the morning of April 12.
The woman never reported the alleged sexual assault to police, said Karen Truszkowski, the woman’s attorney. But according to the lawsuit, the woman did report the incident to a counselor at the Michigan State University Counseling Center, which she claims failed to properly advise her and even implied it would not be in her "best interest to report the incident to law enforcement."
“I think the complaint kind of speaks for itself,” Truszkowski said, declining further comment.
The suit is the latest black eye for a university and a basketball program under fire for its handling of allegations of sexual assault and violent acts against women. It's also the third allegation of multiple MSU basketball players raping a woman since 2010. Only one of those incidents were reported to police.
In 2015, the federal Office for Civil Rights determined MSU’s handling of some Title IX cases had created a “hostile environment” for individuals who complained about relationship violence or sexual misconduct and found there was confusion among MSU’s athletic department staff about who should report sexual assault claims to the university’s investigation office.
It wasn't immediately clear Monday if MSU coach Tom Izzo or anyone in the MSU athletic department was notified about the allegations.
Emily Guerrant, MSU’s vice president and university spokesperson, said the university does not comment on pending litigation. A message for the MSU athletic department was not immediately returned.
The woman, who remains a student at MSU, alleges she was at Harper’s Bar when the Spartans’ basketball team arrived after midnight. One of the players offered to buy her a drink and asked if she would like to meet “other guys” from the team. The woman, who was a sports journalism major, alleges one of the players then invited her to a party at an apartment and one player “lied” and told the woman her roommate was on her way to the party.
The lawsuit says the woman was having a difficult time holding her glass, though she said she did not have a lot to drink. She then accepted a ride to the party from two players — the party was at one of their off-campus apartments — and there was no party and her roommate was not there.
The lawsuit alleges the woman “was feeling discombobulated” and tried to send a text but could not control her thumbs and believed she may have been drugged. Then the first player allegedly pulled her into a bedroom and told her, “You are mine for the night.”
After the woman asked for water and to see basketball memorabilia, the second player then took her to another room when the lights went out.
According to the lawsuit, the woman said she was forcefully thrown face-down onto the bed and held so she could not move while the second player raped her from behind. The woman was crying and could not speak, her lawsuit claims, and she did not consent to the activity.
The lawsuit alleges the first player and a third player took turns raping her after the second player finished. The woman claims she does not remember anything until waking up on a couch a few hours later, then called a taxi back to her dorm. There, her roommate told her she did not know about a party. The roommate, the lawsuit states, had been looking for the woman.
The lawsuit says on April 20, 2015, the woman reported the rape to a counselor at the Michigan State University Counseling Center and completed an initial intake and assessment. When she disclosed to the counselor the three men who allegedly raped her were MSU basketball players, the female counselor’s demeanor reportedly changed and told the alleged victim she needed another person in the room with them. According to the woman, it was not clear who the additional person was or why they were brought into the room.
According to the lawsuit, the MSU Counseling Center staffers then “made it clear to Plaintiff that if she chose to notify the police, she faced an uphill battle that would create anxiety and unwanted media attention and publicity as had happened with many other female students who were sexually assaulted by well-known athletes.” The staff members, per the court filing, then reportedly advised the woman they had seen a lot of these cases with “guys with big names” and the best thing to do is to “just get yourself better” implying to the woman it would not be in her best interest to report the incident to law enforcement.
The woman’s suit claims she was not advised to have a physical exam, seek medical treatment or have STD or pregnancy tests. It also alleges she was not notified of her federal Title IX rights, protections, and accommodations.
“Plaintiff was expressly told by MSUCC staff that ‘if you pursue this, you are going to be swimming with some really big fish,’” the lawsuit alleges.
The lawsuit says the woman then became “frightened” and did not report the alleged rape to either police or MSU’s Office of Institutional Equity. She also did not file a no-contact order and claims she was not advised by the university’s counselors of that option.
According to the lawsuit, the woman in October 2015 “had become so traumatized, depressed, and withdrawn to the point that she was admitted to the Sparrow Hospital outpatient psychiatric dayprogram for intensive psychiatric treatment.” She withdrew from classes that semester and, according to the lawsuit, explained to university officials she had been raped and was suffering from the trauma.
The lawsuit adds the university did not offer the woman academic assistance and was not referred to the Title IX office.
The woman resumed classes in January 2016 and changed her major. She sought private psychiatric care in February 2016 and remains on prescribed medication, according to the lawsuit.
A Free Press investigation in January found three previously unreported sexual assault allegations in MSU’s football program, with a total of six cases of sexual assault involving 11 players during Mark Dantonio’s first 11 seasons. Coach Tom Izzo’s basketball program had one reported incident of sexual assault in August 2010. All but two of those cases, both of which occurred in 2017, were dismissed by then-Ingham County Prosecutor Stuart Dunnings III.
The two cases last year resulted in sexual assault charges from current prosecutor Carol Siemon. However, Josh King, Donnie Corley and Demetric Vance received plea deals last week that would lessen their charges to seduction and would not require them to register as sex offenders. The seduction charge, which involves seducing an unmarried woman for sexual acts, is a felony with a maximum sentence of up to five years in prison. Police also allege that King recorded himself having sex with the woman.
The three players in the January 2017 sexual assault case, who were dismissed from MSU’s football team and the university last summer, also were granted the Holmes Youthful Trainee Act. Their court records would become non-public under a state law that allows judges to close the records of young offenders if they meet the conditions of their agreement and do not commit any other offenses.
A fourth player, Auston Robertson, is awaiting trial on two counts of third-degree criminal sexual conduct charges from an alleged assault in April 2017.
An ESPN report in January also alleged two former Spartan basketball players allegedly sexually assaulted a woman in April 2010, with a letter claiming then-athletic director Mark Hollis said he would personally investigate the allegations. There was no police report filed in that case, and any resolution is unclear.
Hollis resigned Jan. 26, hours before the Free Press and ESPN reports were published.
