A former member of the Niagara University women’s swim team is suing the school for its response to her claim that she was raped by a male swimmer.
According to Buffalo outlet WKBW, a federal Title IX lawsuit was filed on Thursday (Dec. 21) alleging a hostile environment where the female swimmer was subjected to rape, sexual harassment and bullying by members of the men’s swim team.
The woman claims she attended a party at the men’s “swim house” in October 2022.
After the party, she went back to an on-campus dorm in an Uber with two teammates, including the alleged perpetrator. After one teammate left, she alleges that she was overpowered and raped by the male swimmer.
According to the suit, a no-contact order was put in place after the woman reported the assault to campus officials. However, she claims she was subject to retaliation by swim team head coach Eric Bugby.
She also alleged that Bugby failed to take action to prevent an atmosphere of sex-based harassment.
She left the team and forfeited her scholarship one month after the alleged assault.
She is seeking a judgment of $5 million.
University officials have said they are aware of the lawsuit but have not yet been served as of late last week.
The school issued the following statement, according to WKBW:
“Niagara University is aware of a potential legal filing regarding an alleged incident at the university, however the university has not been served with the lawsuit at this time.
The university’s primary concern is always the safety and well-being of our students and the entire campus community. Niagara abides by, and exceeds, state and federal legislation to provide a safe living, learning and working environment.
When a complaint is made by any employee, student, or visitor of Niagara University, the university follows the processes set forth in our Title IX Grievance Policy (Title IX Policy), Sexual Misconduct Awareness and Response Policy (SMP), and the Non-Discrimination Policy and Grievance Procedures (Non-Discrimination Policy). These policies and procedures are designed and implemented to ensure equity for everyone involved in a manner consistent with the law and the university’s longstanding tradition of honoring the integrity of every member of the campus community. In addition, the university provides a number of internal and external resources for any complainant who brings an issue forward.
We are confident that the university handles each matter brought forward in accordance with its policy and the law.
Out of respect for everyone in the process—most especially any of the university’s current and former students involved in the matter—and to protect the integrity of the internal process, we will not comment on the substance of the pending litigation or the ongoing internal process.”
This is not the first time Niagara University has been sued as a result of failure to properly address sexual assault allegations.
In 2019, three members of the women’s swim team sued the school, claiming they were sexually harassed by members of the men’s team. The women claimed that members of the men’s team ranked the women by physical appearance, made fun of their bodies and gave them hurtful or vulgar nicknames, among other things.
One month after the lawsuit was filed, the head coach at the time, Ben Nigro, was removed from his position. Bugby was then named head coach in November 2019.
The Niagara women won their first MAAC title in 2022, the first full COVID-free season under Bugby, and followed up with a runner-up finish last season.
Why is the coach named. Nobody should have their name listed next to this until they are guilty. His career is now ruined, even if innocent.
This is not something I wish on any individual, however there is more information needed here. At this point it is a he said she said on what went on. She should have went to the police and they should have interviewed other swimmers to find out what went on. As for the coach is not responsible for what happened outside of the pool he can make it a safe environment which I believe he has. The coach and the university are not at blame here, yes investigation by the police should have taken place against the individual accuses by the police. As for retaliation, sexual harassments, and bullying from the men’s team, if she felt that way why go… Read more »
Not the first time this has happened to this college with this swim program, with similar claims.
Where are the criminal charges placed on the male swimmer? Do they still go to the school?
The Title IX office can’t file criminal charges, and there is no indication that the victim went to the police after the alleged assault occurred. If a crime occurred, the victim should have gone to the police. She apparently did not, and now this will become a “he-said, she-said” and will probably involve a civil action. Sad situation all around that doesn’t fix the underlying problem.
It is imperative that victims go to the police after an assault. Colleges are not in the business of law enforcement or criminal justice. GO TO THE POLICE!
They just got accused by a member of their WLax program that a coach they hired had sex with her. Not a great look for the university.
source?
Once again, criminal acts should be reported to police (local police, not campus police) not to administrators in the Title IV office. This is a completely broken system.
I agree. Universities are typically completely unqualified to investigate sexual assault. Even in law enforcement and the courts, investigating this stuff is a pretty specialized skillset.
Completely broken! Colleges are for education!
Sounds like a quality program on the men’s side. /s
How pathetic.
Wait, the same exact thing happened 4 years ago at the same school? If this is true then some people in that administration should be looked into criminally beyond monetary damages
And there goes the axe to that program
Axe should go to the AD.
Wait, did I miss something in the article or are you saying being ‘overpowered and raped’ is “the exact same thing” as being given a mean nickname?