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T H E I N D E P E N D E N T V O I C E F O R K A N S A S S TAT E U N I V E R S I T Y
kstatecollegian.com
vol. 124, issue 67
@kstatecollegian kansas state collegian
wednesday, march 20, 2 0 1 9
K-State has spent more than $350,000 fighting two Title IX lawsuits since 2016
The suits pertain to university responses to off -campus sexual assaults that occured at fraternity events KAYLIE MCLAUGHLIN THE COLLEGIAN
In fighting two Title IX lawsuits filed by former Kansas State University students Sara Weckhorst and Tessa Farmer, the university racked up more than $350,000 in legal expenses. Michelle Geering, news and digital media specialist at the Division of Communications and Marketing, said via email that by late-January, the university had spent $371,548.96 over the last three years on outside counsel regarding the lawsuits. The two lawsuits pertain to the sexual assaults of Weckhorst and Farmer that occured off campus at fraternity events on seperate nights. Afterwards, both women complained to the university. “KSU refused to investigate or take any action against the perpetrators, allowing them to remain on campus, and justified its indifference on the basis that the rapes occurred off-campus,” reads a statement from The Fierberg National Law Group, which represents Weckhorst and Farmer. Weckhorst, who experienced a string of assaults at a fraternity event in 2014, reported the assaults and identified her attackers. She said the director of the KSU Women’s Center (now the Center for Advocacy, Response and Education) alerted the
perpetrators of the complaints. Weckhorst was also told by two associate deans of student life that the university could not act punitively because the rapes occurred off campus. A similar sentiment of inaction was expressed to Farmer, who was also assaulted at a fraternity event in 2015. She was told by the CARE director that a report could be made with the Interfraternity Council, but it would not be investigated directly. She filed a complaint anyway and later filed a complaint with the Office of Institutional Equity. She was told the policies overseen by the OIE did not require adherence from fraternities. While the man who attacked Weckhorst, Jared R. Gihring, was sentenced in August 2017 to almost 13 years in pris-
on for rape, both women sued K-State on the basis of Title IX, claiming “deliberate indifference” and inaction which created a learning environment that left them “vulnerable” to further harm at the hands of their attackers. “KSU disagreed, suggesting that their fear of encountering the assailants on campus had no ‘basis in reality,’” the Fierberg statement continues. On Monday, the Tenth Circuit Court of Appeals in Denver denied K-State’s motion to have both cases thrown out. Despite K-State’s argument that neither case pertains to Title IX, the court upheld the district court’s finding that Title IX anti-discrimination legislation does come into play. This means the cases will continue through the civil court system. The court of appeals sided with the plaintiffs, upholding the ruling of the District Court for the District of Kansas that an atmosphere of fear following an assault prevents an equitable learning environment. “A Title IX
Illustration by Olivia Bergmeier
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plaintiff’s alleged fear of encountering her attacker must be objectively reasonable, but under the horrific circumstances alleged here Plaintiffs have adequately alleged that KSU’s deliberate indifference to their rape reports reasonably deprived them of educational opportunities available to other students at KSU,” the court of appeals wrote in their 27-page long decision. According to the Department of Education, “Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance.” As a public university and landgrant institution, K-State is included in the policy’s purview. Fierberg communications manager Erika Yobbi wrote that the court ruling “will help these women and countless women across the country use Title IX to achieve justice and compel schools to protect survivors.” In an emailed statement on behalf of the university, Geering said the university “respectfully disagrees with the court’s decision on the discrete legal issue.” “The court’s narrow legal ruling did not determine the facts of the case or that the university committed any error,” the university statement reads. “K-State cares about its students and always provides a wealth of support. … K-State is reviewing its options for next steps in the cases.”
K-State researcher wants to use milo for feeding malnourished children
SPORTS
K-State women lock down 9th seed, will play Michigan in NCAA Tournament by Nathan Enserro The Kansas State women’s basketball team found out where it was headed for post-season play a little bit earlier than expected Monday night. The NCAA Tournament bracket was scheduled to be released by ESPN at 6 p.m. central time during a special selection show. Due to an error, the bracket graphics were accidentally aired earlier in the day. K-State earned a ninth seed in the Albany Region of the NCAA Tournament. Their first round game will be hosted by first-seed Louisville and will be against eighth-seed Michigan. K-State finished its regular season with a record of 21-11 overall and 11-7 in Big 12 Conference play. The Wildcats won eight of their last ten games, with the two losses during that stretch each coming at the hands of top-ranked Baylor. Michigan earned its seed by also going 21-11 overall this year and 11-7 in Big 10 Conference play. The Wolverines played the 67th toughest schedule in the nation and sit at number 46 in the NCAA’s rating percentage index rankings, or RPI. The NCAA still uses RPI to rank women’s basketball teams because they have not optimized an NCAA Evaluation Tool, or NET ranking, for the women’s game. The Wolverines’ roster features a 6-foot-5-inch senior center named Hallie Thome who averages 12.5 points and 6.1 rebounds per game. She also has blocked 37 shots this season.
see page 4, “NCAA”