http://www.law360.com/newjersey/art...etter&utm_medium=email&utm_campaign=newjersey
Rutgers, Football Players Sued Over Alleged Sex Assaults
Share us on:By Jeannie O'Sullivan
Law360, New York (November 18, 2016, 5:42 PM EST) -- Rutgers University and two of its football players have been slapped with a lawsuit in New Jersey alleging the athletes sexually assaulted an intoxicated female student last year in an on-campus apartment and that the school failed to protect her.
The female student, identified in her complaint as K.L., contends Marques Ford, a former Scarlet Knights defensive end, and John Bowers, a team punter and K.L.'s boyfriend at the time, had sex with her one night in November 2015 after she'd consumed tequila and was too incapacitated to give consent, according to a complaint filed Nov. 14 in Middlesex County Superior Court.
Though Ford and Bowers were charged by university officials of violating the school's sexual harassment policy and "unofficially" suspended, school athletics executives encouraged witnesses to change their stories to make it appear as though K.L. had consented to the sexual activity, the complaint said.
K.L. suffered "extraordinary and severe harm" due to the alleged assaults by Ford and Bowers and the "sexually hostile" environment purportedly created by Rutgers University, according to the complaint.
The complaint contends the university violated the U.S. Department of Education's rules against sexual discrimination, the New Jersey Law Against Discrimination and civil rights laws. Ford and Bowers are accused of assault and battery, intentional infliction of emotional distress, negligence, recklessness and conspiracy. K.L. is seeking punitive damages, attorneys' fees and court costs.
Bowers and Ford are no longer enrolled at Rutgers, according to university spokesman E.J. Miranda. He declined to comment further, citing the pending litigation.
No phone listings were found for Ford and Bowers, and they didn't immediately respond to social media messages seeking comment. On Nov. 8, Ford announced on Twitter that he'd committed to the East Carolina University Pirates.
Meanwhile, the Middlesex County Prosecutor's Office is investigating the accusations, said K.L.'s attorney, Jeffrey P. Fritz of Soloff & Zervanos PC.
The alleged assaults happened after K.L., a first-year student, went to visit Bowers at an apartment where Ford and other football players lived at around 11 p.m. on Nov. 14, 2015, according to the complaint. Both Ford and Bowers, who were under the legal drinking age of 21, appeared intoxicated, although Bowers seemed more so, according to K.L. The complaint describes her as a "minor at the time."
Ford held a shot glass to K.L.'s lips and encouraged her to drink, and she said "no," the complaint said. On Nov. 15, 2015, she woke up with a swollen nose and lips, the smell of vomit on her hair, abrasions to her elbows and knees and a bump on her head, according to the complaint. She also felt sick to her stomach.
After text messaging Bower to find out what happened, he informed her she'd drank eight shots of Patron tequila, "engaged in sex" with him and Ford, and vomited, according to the complaint. A subsequent hospital examination revealed vaginal tearing and a substance "believed to be semen" on her breast and other parts of her body, the complaint said.
Bower expressed sorrow in writing, explaining that he and Ford were "too [expletive] up" and that Ford took advantage of K.L. and himself, and "raped you while you weren't even coherent," the complaint said.
During an investigation by Rutgers officials, Bower admitted that he had been a first-time drinker and consumed five shots of alcohol, and that K.L. "never drinks alcohol," the complaint said. Despite telling K.L. he'd had sex with her that night, he denied engaging in sexual activity when questioned by investigators. He also admitted that he and Ford agreed not to talk about the events of Nov. 15, 2015, the complaint said.
K.L. learned from witnesses that Ford pressured her and Bowers to consume alcohol and that Ford told others he and Bowers were planning a threesome with her, according to the complaint. Bowers later told a roommate that he and Ford had sex with K.L. at the same time, according to the complaint.
When questioned by Rutgers investigators, Ford admitted that four or five shots of rum had left him "more than buzzed," according to the complaint. Ford also told investigators K.L. tried to leave the apartment, but he encouraged her to stay.
University officials concluded there was sufficient evidence to charge both Ford and Bowers with sexual exploitation and sexual assault or nonconsensual sexual contact, the complaint said.
Several days after the alleged assaults, Bowers informed university athletics officials that a witness told him that when Bowers was passed out on the bed, Ford engaged in sexual activity with K.L., the complaint said.
After meeting with the athletics relations director, the same witness "changed his story" to say that he overheard Bowers say to Ford that K.L. "said we can have sex with her," the complaint said.
Bowers and Ford were then suspended from the team on Nov. 19, 2015, according to the complaint. On Nov. 23, 2015, the director of football operations "flipped out" on Bowers, calling him a liar who got the team into "a predicament."
The director told Bowers he had two strikes against him: one for reporting the incident and one for using the school's workout facilities while suspended, the complaint said. He threatened to take Bowers off the team if there was a third strike, according to the complaint.
Rutgers was "deliberately indifferent" to the alleged conduct by Ford and Bowers, thereby exposing students to a "sexually hostile educational environment,” the complaint said.
K.L. is represented by Jeffrey P. Fritz of Soloff & Zervanos PC.
Counsel information for the defendants was unavailable.
The case is K.L. v. Rutgers University et. al., case number L-6600-16, in the Superior Court of New Jersey, Middlesex County.
Rutgers, Football Players Sued Over Alleged Sex Assaults
Share us on:By Jeannie O'Sullivan
Law360, New York (November 18, 2016, 5:42 PM EST) -- Rutgers University and two of its football players have been slapped with a lawsuit in New Jersey alleging the athletes sexually assaulted an intoxicated female student last year in an on-campus apartment and that the school failed to protect her.
The female student, identified in her complaint as K.L., contends Marques Ford, a former Scarlet Knights defensive end, and John Bowers, a team punter and K.L.'s boyfriend at the time, had sex with her one night in November 2015 after she'd consumed tequila and was too incapacitated to give consent, according to a complaint filed Nov. 14 in Middlesex County Superior Court.
Though Ford and Bowers were charged by university officials of violating the school's sexual harassment policy and "unofficially" suspended, school athletics executives encouraged witnesses to change their stories to make it appear as though K.L. had consented to the sexual activity, the complaint said.
K.L. suffered "extraordinary and severe harm" due to the alleged assaults by Ford and Bowers and the "sexually hostile" environment purportedly created by Rutgers University, according to the complaint.
The complaint contends the university violated the U.S. Department of Education's rules against sexual discrimination, the New Jersey Law Against Discrimination and civil rights laws. Ford and Bowers are accused of assault and battery, intentional infliction of emotional distress, negligence, recklessness and conspiracy. K.L. is seeking punitive damages, attorneys' fees and court costs.
Bowers and Ford are no longer enrolled at Rutgers, according to university spokesman E.J. Miranda. He declined to comment further, citing the pending litigation.
No phone listings were found for Ford and Bowers, and they didn't immediately respond to social media messages seeking comment. On Nov. 8, Ford announced on Twitter that he'd committed to the East Carolina University Pirates.
Meanwhile, the Middlesex County Prosecutor's Office is investigating the accusations, said K.L.'s attorney, Jeffrey P. Fritz of Soloff & Zervanos PC.
The alleged assaults happened after K.L., a first-year student, went to visit Bowers at an apartment where Ford and other football players lived at around 11 p.m. on Nov. 14, 2015, according to the complaint. Both Ford and Bowers, who were under the legal drinking age of 21, appeared intoxicated, although Bowers seemed more so, according to K.L. The complaint describes her as a "minor at the time."
Ford held a shot glass to K.L.'s lips and encouraged her to drink, and she said "no," the complaint said. On Nov. 15, 2015, she woke up with a swollen nose and lips, the smell of vomit on her hair, abrasions to her elbows and knees and a bump on her head, according to the complaint. She also felt sick to her stomach.
After text messaging Bower to find out what happened, he informed her she'd drank eight shots of Patron tequila, "engaged in sex" with him and Ford, and vomited, according to the complaint. A subsequent hospital examination revealed vaginal tearing and a substance "believed to be semen" on her breast and other parts of her body, the complaint said.
Bower expressed sorrow in writing, explaining that he and Ford were "too [expletive] up" and that Ford took advantage of K.L. and himself, and "raped you while you weren't even coherent," the complaint said.
During an investigation by Rutgers officials, Bower admitted that he had been a first-time drinker and consumed five shots of alcohol, and that K.L. "never drinks alcohol," the complaint said. Despite telling K.L. he'd had sex with her that night, he denied engaging in sexual activity when questioned by investigators. He also admitted that he and Ford agreed not to talk about the events of Nov. 15, 2015, the complaint said.
K.L. learned from witnesses that Ford pressured her and Bowers to consume alcohol and that Ford told others he and Bowers were planning a threesome with her, according to the complaint. Bowers later told a roommate that he and Ford had sex with K.L. at the same time, according to the complaint.
When questioned by Rutgers investigators, Ford admitted that four or five shots of rum had left him "more than buzzed," according to the complaint. Ford also told investigators K.L. tried to leave the apartment, but he encouraged her to stay.
University officials concluded there was sufficient evidence to charge both Ford and Bowers with sexual exploitation and sexual assault or nonconsensual sexual contact, the complaint said.
Several days after the alleged assaults, Bowers informed university athletics officials that a witness told him that when Bowers was passed out on the bed, Ford engaged in sexual activity with K.L., the complaint said.
After meeting with the athletics relations director, the same witness "changed his story" to say that he overheard Bowers say to Ford that K.L. "said we can have sex with her," the complaint said.
Bowers and Ford were then suspended from the team on Nov. 19, 2015, according to the complaint. On Nov. 23, 2015, the director of football operations "flipped out" on Bowers, calling him a liar who got the team into "a predicament."
The director told Bowers he had two strikes against him: one for reporting the incident and one for using the school's workout facilities while suspended, the complaint said. He threatened to take Bowers off the team if there was a third strike, according to the complaint.
Rutgers was "deliberately indifferent" to the alleged conduct by Ford and Bowers, thereby exposing students to a "sexually hostile educational environment,” the complaint said.
K.L. is represented by Jeffrey P. Fritz of Soloff & Zervanos PC.
Counsel information for the defendants was unavailable.
The case is K.L. v. Rutgers University et. al., case number L-6600-16, in the Superior Court of New Jersey, Middlesex County.
