DETROIT (MI)
Detroit Free Press
July 18, 2018
By David Jesse
A female Michigan State University student who alleges she was discouraged from reporting a rape by three basketball players can sue, but not the university, MSU lawyers argue in a court filing this week.
That’s because the alleged rape happened off campus and was only reported to members of the counseling staff, who aren’t mandatory reporters, the school’s lawyers argue.
So a federal lawsuit by the female student should be dismissed and her focus, if she wants to sue, should be on the players, not MSU, the filing says.
“Plaintiff has every right to pursue appropriate criminal and civil remedies against the students who assaulted her,” the filing says. “Plaintiff, however, cannot show that MSU is responsible for criminal actions that did not occur on its campus. Nor can she fault MSU’s conduct after the assault where she never told any MSU employees who were in a position to take action, and she never requested any remedies from MSU that were not provided.”
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