Content warning: mentions of sexual assault.
On Thursday Aug. 29, the public was made aware of a sexual assault lawsuit filed against Villanova University, College Hall Apartments and three male students. This civil case is still developing, having just been removed to federal court by the defendants. Described in a previous article by The Villanovan, plaintiff’s counsel claims inaction on behalf of the University and College Hall. The suit also claims negligence and recklessness on part of the assailant and the other two alleged accomplices.
In a separate criminal case, the Delaware County District Attorney’s Office charged the assailant with indecent sexual assault. A deal was reached for the assailant in criminal court, as he has pleaded guilty. There has been an order restricting the assailant’s ability to contact the plaintiff, and he is not allowed back at Villanova. This deal also involves a one-year house arrest and a seven-year probation. The other two alleged accomplices have not been charged with any crimes.
As the civil lawsuit is in its preliminary stages, The Villanovan has spoken to plaintiff’s counsel, Jay Edelstein, Esq., in regard to the direction the case is heading. Edelstein, co-founder of Edelstein Law and assigned attorney to the case, predicts a six-to-eight month time frame for the case but no longer than a year. While there is currently no set trial date, preliminary meetings are occurring and a conference will likely be set within the next 30 to 40 days. If and when the case eventually does make it to trial, it will be a jury trial, rather than a judge trial. The plaintiff, though anonymous for protection reasons, will come forward and testify in the courtroom if the case is tried.
In regard to the civil damages of the case, Edelstein discussed that the residuals of the case are about past, present and future pain and suffering, as well as for covering medical expenses incurred. There is no set dollar amount in mind for the case, as Edelstein emphasized the need to go through the discovery process before determining the potential damages, and to first discover the punitive nature of the case.
While the civil damages are a factor in the case, Edelstein emphasized the importance of this case not only in residuals, but as a force to change procedures that allow this behavior to occur within a larger system.
“[My client] is very brave,” Edelstein said. “If anybody thinks it’s a money grab, it’s not… It’s to change protocol and to allow her to move on with her life.”
Within the case, Edelstein discussed the inaction on the part of the plaintiffs. On the part of the University and College Hall, the complaint delves into their failure to adequately address student alcohol consumption and risky behavior.
“Villanova and [the] apartment complex were very well aware of things that go on the first week of school, various times during the school year with regard to partying and things being a little out of control,” Edelstein said. “There’s a number of articles written about it. I don’t think it’s any secret to anybody inside Villanova.”
With the litigation of this case, Edelstein hopes that the outcome will influence the way the University makes students aware of the reality of sexual assault on campus and that it will put new procedures in place for prevention.
“A lot of times with these cases, we do hope that policies and procedures will change as a result of them,” Edelstein said. “There’s accountability. What tends to happen is, lawsuits make people come to terms with the fact that there’s responsibilities…There certainly should have been more done here [at Villanova] to protect the student body.”
As the case proceeds to federal court, defense will go through a series of discovery including fact testimony, police testimony, and expert testimony to prove what the University should or should not have done to protect students.
Villanova University declined to comment on the pending litigation, but reiterated university policies prohibiting underage drinking and condemning all forms of sexual violence. After multiple attempts to reach a representative of Marks and Co. Apartments, the company has also declined to comment on the suit involving its property of College Hall.
Sexual assault is an unfortunate, but very real issue on college campuses, including Villanova’s. To report a sexual assault or an act of sexual misconduct, call Public Safety at 610-519-5800; the Title IX Coordinator Ms. Ryan Rost at 610-519-8805; or a Deputy Title IX Coordinator. For more information on support resources, call the Sexual Assault Resource Coordinator (SARC) at 484-343-6028. For more information on Villanova’s sexual misconduct prevention and education efforts, visit: https://www1.villanova.edu/university/sexual-misconduct/education.html. For the National Sexual Assault Hotline, call 1-800-656-4673.
