Parents of deceased student file suit against CSC

The parents of Fatima Larios, former CSC softball player who was found dead in the High Rise dormitory two years ago, are suing CSC and the Nebraska State College System Board. The parents claim CSC personnel did not follow procedure correctly when they were made aware of dating violence that allegedly led to the girl’s death.
Lissette Larios Roohbakhsh and Nelson Larios, residents of California, filed the suit Jan. 30, in the U.S. District Court for the State of Nebraska. They demanded a trial by jury to recover the damages done before and after their daughter’s death.
The family’s legal counsel did not respond to messages by press time.
Vice President of Enrollment Management, Marketing, and Student Services Jon Hansen directed calls to Director of College Relations Alex Helmbrecht, who sent an email of Chadron State College’s statement regarding the lawsuit, stating:
“The loss of Fatima Larios in 2015 was a tragedy for her family, her friends and teammates, and for Chadron State College. The College shares her family’s grief and mourns Fatima’s passing. Chadron State College is aware of a lawsuit Fatima’s parents recently filed in the U.S. District Court for the State of Nebraska concerning her death. CSC is confident in its personnel and its policies, so it will remain focused on educating its students while it vigorously defends itself. Chadron State College certainly understands and appreciates litigation-related inquires, but it does not intend to comment further on this matter.”
Fatima Larios, former second baseman for the CSC softball team, died of asphyxia by hanging on Jan. 31, 2015. Dawes County Attorney and Coroner Vance Haug ruled the death a suicide on March 23, 2015, after an autopsy report, according to the court filing.
On June 3, 2016, Larios’ family posted a blog to the Huffington Post website. After the death was ruled a suicide the post says, “That’s not the Fatima we know and love—the competitor who never gave up. That’s not the daughter who called us the day before she died to tell us how excited she was about an upcoming softball game in Florida.”
Larios was found dead in her boyfriend’s, Brandon Finona, dorm room closet. Finona was a member of the CSC football team at the time. Larios had transferred from Austin Peay State University, Clarksville, Tennessee, to be with Finona, her high school sweetheart, according to the court filing.
An attempt to contact Finona for comment went unanswered.
Larios and Finona were heard fighting in the dormitory late evening on Jan. 30, 2015, according to the court filing. Finona’s resident adviser Tayler Saunders, 2016 CSC alumnus, said Monday that she had heard loud verbal altercations in the dorm between the two on a couple of occasions throughout the previous semester, where she had to ask them to quiet down.
“It wasn’t a secret that they argued,” Saunders said.
Saunders said however, that she was never contacted by Larios, her friends, nor any other third party, with concerns of Larios’ abuse.
Some of Larios’ teammates had noticed bruises on her, and a change in her temperament over the course of the fall 2014 semester. They confronted Larios and she admitted to them that Finona had beat her, according to the court filing. The teammates told Assistant Softball Coach Aryn Grywusiewicz about their concerns on Nov. 3, 2014. Grywusiewicz reported the information to Head Softball Coach Robert Stack.
Calls to her former teammates and coach were not answered.
The coaches notified CSC’s Athletic Director Joel Smith, who passed it on to the Title IX Coordinator at the time, Shelley Dunbar. Dunbar mailed Larios a letter on Nov. 5, 2014, and emailed her another copy on Nov. 6, 2014, of CSC’s policies on dating violence, according to the court filing. Dunbar also sent a copy of the letter to the coaches. Larios’ parents say that Dunbar’s decision to mail and email their daughter only put her in greater danger of abuse, had Finona seen the letters.
Larios emailed a reply to Dunbar on Nov. 10, 2014, saying she was unsure why Dunbar had contacted her. Dunbar replied the next day with an email saying that she was required to send the information based on third-party allegations, whether it pertained to Larios or not. No further communication between the two occurred.
Stack and Grywusiewicz met with Larios in private on Nov. 12, 2014, to say they were available to help her if she needed anything. CSC personnel’s outreach to Larios stopped there.
The incident was never reported to campus security, which is a violation of Title IX policy, according to the court filing. Larios’ parents were not notified of the alleged dating violence until October 2015, nine months after her death.
According to the NSCS’s Policy 3020 on sexual violence or sex harassment reporting, policies and procedures, “If the alleged victim requests confidentiality, or asks that the report not be pursued, the College will take all reasonable steps to investigate and respond to the report consistent with the request for confidentiality or request not to pursue an investigation, if possible. The request will be evaluated and weighed against the College’s responsibility to provide a safe and nondiscriminatory environment.”
Associate Vice President of Human Resources Anne DeMersseman, CSC’s current Title IX Coordinator, declined to clarify what constitutes as “reasonable steps to investigate” in a general case of dating violence. DeMersseman said she could not clarify the policy due to this pending lawsuit.
Policy 3020 also states that it is the decision of the Title IX Coordinator, after consulting the NSCS General Counsel, whether an investigation shall occur.
Under the claim for relief in the Larios’ filing it states, “As a result of Defendants’ deliberate indifference to reports that Fatima was a victim of dating violence on Chadron’s campus, Fatima was subjected to further physical and emotional abuse by Finona, thereby suffering a hostile educational environment.”
Policy 3020 states that only cases involving minors are required to be reported to the local authorities. Larios was 19 at the time.
Larios’ parents want their story to be a lesson to colleges across the nation what a serious matter dating violence really is, according to the Huffington Post blog.
“In Fatima’s memory, we want to help ignite a movement to demand that schools comply with Title IX and other federal laws that address dating violence. Everyone—faculty, families and friends—should be part of the effort to eradicate dating and sexual violence on campuses.”