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WEDNESDAY, FEBRUARY 10, 2016
EX-SOFTBALL PLAYER SUES KSU FOR ALLEGED RAPE COVER-UP
Stephen Means, Ian Flickinger, Jimmy Miller Sports Editor, Senior Editor, Managing Editor Former Kent State softball player Lauren Kesterson filed a lawsuit Tuesday against Kent State and former softball coach Karen Linder, alleging Kesterson was raped by Linder’s son, a then-varsity baseball player, and athletic department officials covered up the alleged incident. The suit, filed in the U.S. District Court, charges the university and Karen Linder as violating Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in any federally funded education program or activity. The suit also alleges university staff members, including Athletic Director Joel Nielsen, knew of the rape and failed to follow university policy in investigating the allegation. The lawsuit further claims Lauren Kesterson reported her coach’s cover up to former Deputy Title IX coordinator Erin Barton. The lawsuit says Barton explained she had spoken to and met with Nielsen, who had “intervened and prevented the filing of a formal complaint.” Lauren Kesterson also alleges Karen Linder pressured her not to report the incident. The university responded to the allegations, saying, “When we are formally served with the complaint, we will answer accordingly. The University is strongly committed to title IX, and we take these matters very seriously. We follow all policies and procedures related to title IX, taking measures above and beyond what is required to ensure all students, staff, and faculty are aware of their rights and responsibilities,” said university spokesman Eric Mansfield. Both Kent State’s athletic department and Jennifer O’Connell, director of Kent State’s Sexual and Relationship Violence Support Services, referred to Mansfield for comment on the lawsuit. Subodh Chandra, a Cleveland-area attorney representing Lauren Kesterson, said Kesterson first came to his office last fall. “Everyone in our office (whom she) spoke with was deeply concerned and saddened by what she experienced,” Chandra said.
Timeline of Events Dec. 7, 2012 Tucker Linder allegedly rapes Lauren Kesterson
May 2014
Lauren Kesterson tells Coach Karen Linder about alleged rape
May 2014
Photo courtesy of Kent State Athletics
Chandra said his office reached out to the university’s Office of General Counsel in an attempt to resolve the matter, but the university refused. He also said he requested a meeting with Kent State’s Board of Trustees
In the suit, Lauren Kesterson alleges Tucker Linder, Karen Linder’s son and a a freshman baseball player at the time of the alleged incident, raped her during the fall of their freshman year at Kent State. The suit says “they had developed a friendship” and “had engaged in minor intimacies” during the fall semester before the alleged incident. The incident allegedly happened Dec. 7, 2012, when Tucker Linder called Lauren Kesterson and asked her to meet him at his dorm, and they walked back to her dorm. The suit alleges SUBODH CHANDRA Tucker Linder appeared to LAUREN KESTERSON’S ATTORNEY be intoxicated and Lauren Kesterson had not been drinking. Chairman Dennis Eckart, but has not They again “engaged in minor received a response. intimacies” and Lauren Kesterson “Around this country, there has “consented to this behavior.” Howbeen a virtual epidemic of similar ever, the suit says that Tucker Linder instances of higher educational insti- pressured her to have sex and “unlike tutions failing to follow Title IX or during their previous encounter, Mr. honor the equal protection clause, Linder did not stop when Ms. Kesterand Kent State is Ms. Kesterson’s son stopped consenting.” institution, and she believes it should The suit also says Lauren Kesterbe held accountable,” Chandra said. son told Tucker Linder, who was 6’5” “Not only to protect herself, but to and 210 pounds at the time, “at least protect others.” ten times” that she didn’t want to have
Around this country, there has been a virtual epidemic of similar instances of higher educational institutions failing to follow Title IX...
sex and unsuccessfully tried to push him away. Tucker Linder ignored her, the suit alleges, and raped her. According to section 5-16.2 of the University Policy Register, consent is defined as “the voluntary, unambiguous agreement to participate in an act, the nature of which is known to and understood by the consenter. Consent may be given verbally or nonverbally and may be withdrawn at any time before completion of the act.” The suit says Lauren Kesterson didn’t report it to the police because she was “fearful of what pressuring charges against her coach’s son would mean for her opportunity to play softball.” Lauren Kesterson “tried her best to move past it on her own,” the suit says, but she struggled to attend classes and struggled at softball practice because the baseball and softball teams practice in close proximity. “Being around softball meant being around her rapist,” the suit said. Lauren Kesterson and her boyfriend went to a party Tucker Linder also attended in September 2013. Linder, who was intoxicated, told Lauren Kesterson’s boyfriend, “Just so you know: I f-ed your girl,” according to the lawsuit.
Lauren Kesterson files Title IX complaint against Karen Linder
Aug. 25, 2015
Title IX complaint is not filed
Aug. 28, 2015 Karen Linder resigns
Feb. 9, 2016 Federal civil lawsuit filed
See:
- Twitter’s reaction - An extended timeline
‘Prince of Pan-Africanism’ brings controversy to KIVA Cameron Gorman, Itzzy Leon, Nicholas Garisto General Assignment Reporter, Diversity Reporter, Diversity Reporter
Karl Schneider Administration Reporter
kschne21@kent.edu
Aug. 24, 2015
SEE COVER-UP / PAGE 2
Juvenile suspect from Ryan Place homicide could be tried as adult Prosecutors filed a motion to have the 17-year-old Ryan Place homicide suspect tried as an adult. The suspect, Stow resident Ty Kremling, is alleged to have been involved in the Sunday night shooting of Nicholas Massa, a Kent State freshman. A Portage County Juvenile Court records clerk confirmed the prosecutor filed a motion Tuesday for Rule 30. The prosecutor must prove probable cause, then a judge will make a ruling. Kremling will appear again in court on March 4. Kremling was a student at Stow-Munroe Falls High School, according to a statement on Facebook from the school. Two Stow minors were also questioned about the incident but not arrested, the statement said.
Lauren Kesterson files Title IX complaint saying she was raped, but Karen Linder did not report assault to university
Aaron Self / The Kent Stater Kent State students held a vigil Tuesday, Feb. 9, 2016, at Manchester Field for Nick Massa, a freshman managerial marketing major who was shot and killed at Ryan Place Apartments on Sunday, Feb. 7, 2016.
Students, family gather to mourn loss of Kent student Taylor Kerns Parking and Transportation Reporter Students, family and friends hugged and shared encouraging words Tuesday night as a large crowd gathered on Manchester Field to remember Nicholas Massa, the 18-year-old freshman who was shot and killed Sunday. S o b s ro s e f ro m t h e crowd as candles were lit and Massa’s friends and family spoke. Massa was enjoying his time at Kent
State, his friends said. “I'd never seen Nick so happy as he was to be here at Kent,” said Jackie Massa, Nick's mother. Massa’s sister, Jess, said Nick was popular and generally well-liked. “He was just a fun-loving kid and meant no harm to anybody,” she said. The Massa family expressed gratitude for the vigil and the support they’ve received from the Kent State community. “Nick loves you all right now,” Joe Massa, the vic-
tim's father, said. After statements from loved ones, the crowd sang along as “Amazing Grace'”played. A moment of silence followed. A GoFundMe campaign has been launched to assist the Massa family in handling Nick Massa’s funeral expenses. Massa’s brothers in Alpha Tau Omega urged the gathering to donate to the fund and share the page. More than $12,000 has been raised so far. tkerns@kent.edu
Learning disability psychologist Umar Johnson, known both for his outspoken views on black oppression and polarizing comments on the gay and feminist communities, received questions and criticism before and after he spoke at the KIVA on Monday night. His appearance was organized by the Kent State student group L.O.C.K.S., which hoped to focus on Johnson’s history as a proponent of panAfricanism rather than his inflammatory remarks. A concerned coalition of
students attempting to raise awareness of Johnson’s presence and its implications on the integrity and views of the university gathered outside the KIVA to demonstrate. Students lined the walkway that led into the KIVA shortly before 7 p.m., when Johnson was set to begin his speech. Several held signs proclaiming opposition to his stance against the gay community. “We feel that the controversial opinions and values of Dr. Umar Johnson contradict the values (of) Kent State and the campus culture that we try and build here,” said Drew Canfield, vice president of PRIDE! Kent.
SEE UMAR / PAGE 4
Clint Datchuk / The Kent Stater Protestors line up outside the KIVA to show their opposition to Umar Johnson speaking at Kent State on Monday Feb. 8, 2016.