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LUFKIN – Richard L. Tate of the law firm Tate Moerer & King, LLP in Richmond has filed a federal lawsuit on behalf of a former Stephen F. Austin State University student athlete who accuses the East Texas school of conducting an unfair investigation into sexual assault allegations against him.
In the 20-page complaint filed against SFA on Jan. 18 in the Lufkin Division of the Eastern District of Texas, the unidentified male plaintiff explains that the investigation arises from a female acquaintance’s claims he engaged her in sexual intercourse without her consent in his dormitory room in early December 2016.
According to the original petition, “the university failed to follow its own policy for resolving sexual assault complaints, was deliberately indifferent to Student (John) Doe’s rights under Title IX, and denied him basic fairness and due process.”
“In addition, in response to Student Doe’s request for crucially relevant information needed to defend himself, the SFA legal office misrepresented to the Office of the Attorney General that Student Doe was facing prosecution to prevent or delay Student Doe from obtaining information to clear his name even though the office knew or through due diligence would have learned that the District Attorney had declined to pursue criminal charges,” the suit states.
Doe asserts that he “has exhausted SFA’s formal process for restoring his reputation and status.”
Consequently, he seeks unspecified monetary damages and a jury trial.
Lufkin Division of the Eastern District of Texas Case No. 9:19-CV-0006