Ensuring the safety of students should be a university’s top priority, which is why it’s extremely disappointing when instances of negligence or misconduct take place. Mount St. Mary’s University is currently under investigation as two former students have come forward accusing two former men’s rugby players of rape.
While the first lawsuit was filed back in 2024, a second student came forward earlier this year with additional sexual assault allegations. Our team at Schlachman, Belsky, Weiner & Davey, P.A. are representing the two plaintiffs who have come forward with these allegations and are urging any other parties that have been affected to come forward.
Case Status and Ongoing Updates
SBWD will continue to provide updates on this case as new developments occur so that survivors, witnesses, and the broader community can stay informed throughout the litigation process.
JANE DOE YD V. MOUNT SAINT MARY’S UNIVERSITY, ET AL.
SBWD continues its fight for justice for Jane Doe YD, a former student of Mount Saint Mary’s University who was raped and stalked by a member of the premier Men’s Rugby Team. SBWD has alleged that Mount Saint Mary’s University failed to comply with Title IX, a federal law that prohibits sexual discrimination at educational institutions that receive federal funds. The vast majority of higher education institutions, like Mount Saint Mary’s University, receive some form of federal funds and must comply with Title IX. The Complaint filed in the United States District Court for the District of Maryland alleges that Mount Saint Mary’s choice to prioritize the reputation of the Men’s Rugby Team over Jane Doe YD’s right to be free from sexual discrimination violated her rights under Title IX. Jane Doe YD also alleged that Mount Saint Mary’s was negligent, and that the University was liable for failing to institute proper security measures that would have prevented her assaults.
Mount Saint Mary’s filed a Motion to Dismiss the case, arguing to the Court in a written Motion that they did not have legally sufficient notice of Jane Doe YD’s discrimination to require them to act before she was assaulted, and that they acted appropriately and fulfilled their obligations under federal law once they were aware Jane Doe YD had been sexually assaulted on campus. Mount Saint Mary’s also argued to the Court that they were not negligent and that their legal duty to Jane Doe YD did not require them to protect her from harm at the hands of another student.
SBWD opposed Mount Saint Mary’s Motion, arguing to the Court in a written response that a university can be in violation of Title IX if they were deliberately indifferent to a hostile environment that made a student more vulnerable to sexual harassment. More specifically, SBWD argued to the Court that the Rugby Team, with the University’s knowledge, was allowed to harass and intimidate female students to prevent them from coming forward with allegations of sexual assault, which made Jane Doe YD more vulnerable to sexual assault. SBWD also argued that Mount Saint Mary’s knew or should have known that sexual assaults on campus were a problem requiring them to take reasonable steps to protect students from harm, and that the student who assaulted Jane Doe YD was known to have attacked other students in the past and should not have been allowed to remain on campus.
The United States District Court is considering the written submissions and will issue a decision.
SBWD continues to investigate this case and encourages anyone with information regarding sexual assaults or sexual discrimination at Mount Saint Mary’s University to come forward.
Details of the Initial and Subsequent Sexual Assault Lawsuits
These negligence claims accuse both the university and its Board of Trustees of failing to safeguard their female student’s safety. Both parties allege that other sexual assault compaints had been filed prior to our client’s claims. The lawsuit filed on Friday also accuses the university of sexual discrimination, as well as negligence.
In the lawsuit, the university and the Board of Trustees were accused of “creating and perpetuating an environment and culture in which the [rugby] team ... were able to commit sexual assaults and harass female students on campus without fear of punishment.”
Holding The University & Board of Trustees Responsible
Previously, more then 15 women had filed complaints about alleged incidents of sexual assault before the plantiff(s) had enrolled at the university. We urge any other potential survivors to reach out to our firm for a confidential consultation. Our aim is two fold, to get survivors the justice they deserve and also institute formative change within the university to ensure these types of actions don’t take place in the future.
Allegations of Sexual Discrimination and Title IX Violations
Both Mount St. Mary’s University and its Board of Trustees have been accused of violating Title IX of the Education Amendments of 1972, and negligently failing to prevent three separate assaults.
Title IX governs sex-based discrimination within universities. This is designed to protect students from sex-based discrimination, including sexual assault and harassment. This mandates that the university must begin investigating the complaints of sexual misconduct and take corrective actions to ensure a safe learning environment for all students. Universities are expected to provide resources to victims and protect them from retaliation against their alleged abusers.
Failing to meet these legal obligations not only violates federal law, but leaves institutions vulnerable to lawsuits like those filed against Mount St. Mary’s University that allege negligence and systemic sexual abuse.
Our Firm’s Commitment to Holding Institutions Accountable
With systemic sexual abuse, the university bares some responsibility for their negligent actions in these claims. The allegations of negligence and failure to monitor the school’s dormitories may fall under “vicarious liability.” Once the university has been made aware of the allegations, they have a duty to fully investigate the claim and address the issues head on. This may include offering preventative education and training for staff, addressing complaints, and taking corrective and protective action for the students under their care.
At SBWD, we regularly advocate for survivors. The systemic abuse stops here.
Encouraging Other Survivors to Come Forward
This past week, Sarah Smith, a partner with our firm, was questioned about the case and noted “as alleged in the complaint, the university had knowledge of how vulnerable its female students were and failed to take reasonable action to protect them…we are actively investigating and encourage any witnesses with knowledge to contact us.”
If you or someone you know has experienced sexual assault, abuse, or harassment, reach out to SBWD today. Our compassionate team of sexual assault attorneys are committed to holding these negligent institutions accountable. Your voice matters and we want to make sure you aren’t silenced.
