CSC to appeal $300,000 jury verdict

A 2021 case that awarded a former CSC student $300,000 after she was allegedly raped by another former student is being appealed by Chadron State College.The woman, referred to as Jane Doe in court documents, was on duty as a desk worker in Andrew’s Hall in September of 2016 when she was allegedly assaulted. This was the second alleged assault on Doe by the same male student, however it was the only one she reported to the Title IX office. The verdict to be appealed was awarded on a basis of ‘deliberate indifference,’ a term used to describe the failure of the college to reasonably respond to harassment. The college is appealing to the 8th Circuit Court of Appeals on the grounds that CSC did satisfy legal requirements to Doe, following the assault. According to a Nebraska Public Media (NPM) report following the trial in 2021, the assailant admitted he did not obtain consent and continued the assault after Doe asked him to stop at least three times. Anne DeMersseman, former associate vice president of human resources, who also served as the Title IX coordinator who handled Doe’s case. She was quoted in an NPM article stating, that she considered the perpetrator to be “‘immature’” and “‘clueless’” but not dangerous. The accused assaulter was disciplined by CSC through counseling, behavioral probation and was required to read book titled “The Macho Paradox: Why Some Men Hurt Women and How All Men Can Help.” He was also required to complete an online consent training course. To assist Doe, the college moved her from Andrews Hall to Brooks Hall and allowed her to complete classes online. The male student was never arrested or convicted of any crime related to the case.According to a 2021 NPM article, the college acknowledged that it had the ability to expel the male student but decided not to, expressing concern about him finishing his education.The jury, made up of six women and two men, ruled in favor of Doe, awarding her $300,000. CSC now wishes to overturn the ruling. The college’s attorney George Martin is quoted in a NPM article stating, “‘To a layperson in the street or in the jury box, they say ‘If there’s a sexual assault you expel, you’re done. But the Office of Civil Rights writings on these are much much different.’” He added that the civil rights rules are what college administrators are taught to use. U.S. 8th District Judge David Stras stated in the same article that he was unsure that the ‘failure to punish’ someone would be accepted in a harassment claim. Stras is quoted as saying that the punishment given by the college to the male student was ‘a slap on the wrist at best.’The appeal might take months before a decision is reached.Chadron State College administration declined to comment and deferred questions to Judi Yorges, the Director of Strategic Initiatives and Communications from the Nebraska State College System.“Since the Eighth Circuit is considering the appeal the NSCS has no comment,” Yorges stated in an email. “We will not have any additional comments until the appeals process has run its course.”