U of M’s Sexual Violence Policy Lawsuit Overview:
- Who: A college student is suing over her school’s sexual violence policies.
- Why: She alleges the university violates Title IX by fostering a toxic environment where sexual assault is tolerated.
- Where: The University of Michigan in Ann Arbor.
A University of Michigan student has struck back at her college after it filed a motion to dismiss her class action lawsuit, saying she shouldn’t have to experience sexual violence on campus to have a legal right to demand it reform its policies protecting students from assault.
In papers filed Monday, Josephine Graham responded to University of Michigan’s motion to dismiss her class action lawsuit, which seeks an injunction that would force the school to reform its sexual assault policies, Law360 reported.
Last month, the university had argued Graham’s class action should be thrown out because she herself never experienced sexual violence, so couldn’t claim harm solely due to being afraid.
However, in Graham’s Monday filings, she hit back, saying the harm she has suffered is that she is at greater risk of being sexually assaulted due to the college’s lax policies.
“As a direct result of U of M’s inadequate sexual abuse policies, she is at an increased risk of sexual abuse on campus,” the response reportedly said. “That injury is real and current, and, sadly, neither speculative nor hypothetical, as publicly available evidence shows.”
She urged the court not to dismiss her case, which the university has labeled “legally frivolous.” The class action was initially filed in May, with Graham alleging the college violates Title IX by fostering a toxic environment where sexual assault is tolerated.
Title IX obligates schools to stop sex discrimination and address its effects. Schools are required to have policies in place to prohibit sex discrimination, including sexual assault, as well as have adequate grievance procedures established for when sexual assaults occur.
In recent years, male former University of Michigan students have come forward saying that they were sexually abused by a doctor at U of M.
The doctor in question died in 2008. However, the late Dr. Robert Anderson allegedly victimized many male students within the University of Michigan sports teams during his time at the university. Anderson was a former director of the University Health Service. He also served as the top physician for the U of M football teams.
An investigation was launched into Anderson after a former U of M wrestler came forward with allegations of sexual abuse against the late doctor. Now, that former wrestler is one of nearly a dozen male former U of M students who have come forward alleging abuse by Anderson.
The University of Michigan now faces allegations that the school did not do enough to protect students from the predatory doctor, despite having long-standing knowledge of his misconduct. Up to 70 students have alleged abuse at his hands, a number of which filed lawsuits.
Now, institutions like the University of Michigan are having to grapple with their policies around sexual misconduct and assault.
This may involve reexamining how reporting occurs, what protections are in place for community members, or how misconduct may be penalized.
What do you think of this case? Let us know in the comments!
Graham is represented by Annika K. Martin and Jonathan D. Selbin of Lieff Cabraser Heimann & Bernstein LLP, Joseph G. Sauder of Sauder Schelkopf LLC and Sharon S. Almonrode, William Kalas and E. Powell Miller of The Miller Law Firm PC.
The University of Michigan Sexual Policy Class Action Lawsuit is Graham et al. v. University of Michigan et al., Case No. 2:21-cv-11168, in the U.S. District Court for the Eastern District of Michigan.
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