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.
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 harrassment. 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.
