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Texas A&M swimmer found responsible of sexual assault files Title IX lawsuit against university

By Ben Baby
Sports Day
June 20, 2018

https://bit.ly/2I8UcON

In this Nov. 20, 2010, photo, Texas A&M fans cheer during an NCAA college football game against Nebraska in College Station, Texas. Texas A&M always has been in a league with a solid foothold in Texas since joining the Southwest Conference in 1914. The Junction Boys, the 12th Man and the Aggies' military culture are all part of the rich and storied tradition Texas A&M has built while playing in a conference with several other teams in the Lone Star State. Now that A&M is looking to ride away from the Big 12 and its longtime rivals and into the Southeastern Conference, questions abound about what this would mean for the university and the Texas teams left in its wake.
Photo by David J. Phillip

A Texas A&M men's swimmer found responsible for sexual assault by the university has filed a Title IX lawsuit against the school, according to a report.

Austin Van Overdam submitted a federal lawsuit against the university, citing "disparate treatment based on sex," according to court records. The suit, which was filed in the Southern District of Texas, states that Van Overdam is requesting a jury trial.

The news was first reported by the Bryan College-Station Eagle.

In June 2017, Van Overdam was found responsible of sexual misconduct by A&M's conduct panel, according to documents the accuser shared on her Twitter account. Van Overdam, who graduated from Houston Langham Creek before swimming at Arizona during his freshman year, redshirted the 2016-17 season, according to the school's website.

"A&M seems more concerned with being politically correct, rather than embracing that the Title IX law is meant to protect both women and men," attorney Gaines West said, according to The Eagle.

Van Overdam was suspended for one semester, according to university records. He competed during the 2017-18 season and helped lead the Aggies to the NCAA championships.

The lawsuit was filed a week after a tweet from the accuser went viral and gained national attention. 

During its hearing, A&M found Van Overdam was responsible for some misconduct but not responsible for several other charges. 

The accuser told the Brazos County newspaper that she has "never lied through the whole process" and that her account of the event has remained consistent. 

According to the court filing, Van Overdam claims A&M was partial to the accuser's testimony over his. He is seeking unspecified monetary damages for reasons such as future career earnings, loss of scholarship funds and "humiliation and embarrassment."

Van Overdam's suit says A&M creates an environment where the accused are "nearly assured of a finding of responsibility."

However, since the swim case has gained attention, multiple women have said A&M has mishandled such proceedings. 

After a week of heavy scrutiny, A&M president Michael Young announced the school will conduct an internal and external review of the school's sexual misconduct policies and procedures.




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