A lawsuit filed by a former student claming the University put her in a dangerous situation that led to her rape in 2004, has ended in a settlement that included the second-highest monetary sum ever awarded in a sexual-assault case, the plaintiff’s lawyer said Monday.
The agreement included $850,000 for the victim and a new program instituted by the Arizona Board of Regents for women’s safety.
The program will include a systemwide review of current policies regarding women’s safety, gender equity and compliance with the sexual-discrimination prevention law Title IX for all three Arizona universities.
The former student, identified only as “J.K.” in court records, claimed former football player Darnel Henderson raped her in her dorm room on March 12, 2004.
J.K. filed the civil suit in 2006 against ASU, ABOR, former head football coach Dirk Koetter and Henderson.
Charges against Koetter and Henderson were dropped in the settlement signed on Jan. 7.
The suit was filed under the Title IX law, which states a university must take steps to prevent sexual harassment by students, staff and teachers.
ASU police conducted an investigation and concluded Henderson had nonconsensual sexual intercourse with J.K. A University investigation found probable cause that Henderson raped the woman, and he was expelled.
Baine P. Kerr, the attorney who represented J.K., argued that the University didn’t protect students from Henderson, even though he was a known risk and acted with “deliberate indifference.”
Henderson attended the Summer Bridge program for recent high-school graduates at ASU in the summer of 2003.
He was expelled from the program because of discipline issues including intimidating and threatening female students and staff.
Koetter originally told Henderson he would not be able to return to ASU, but the coach later said he had worked things out so Henderson could return to ASU and play on the football team.
Court documents stated Koetter told Henderson the football program had a zero-tolerance policy for all behavior he exhibited during the Summer Bridge program, but that Koetter never executed the policy.
“[Henderson] was labeled as a person at risk for being a sexual predator after summer 2003,” Kerr said.
When Koetter arranged for Henderson to return to ASU, there was no monitoring of his behavior, court documents said.
Michael Goodwin, an attorney with the Arizona Attorney General’s Office who represented the University and ABOR, said he believes the University acted appropriately at all times.
Questions were raised about the suspect being allowed to remain in the dormitory during the investigation. Henderson was asked to leave on April 2, 2004, three weeks after the incident.
ABOR said the board did not admit liability, but chose to settle to avoid the expense and likely anguish of going to trial.
“The monetary payment will be paid from the State of Arizona’s self-insurance fund,” the board said in a statement.
Kerr said he and his client fought for public disclosure about the settlement and the system-wide review of women’s safety and violence policies that will follow.
The student-safety coordinator, which will be occupied by General Counsel for the University System Nancy Tribbensee, will be one of the premier in the nation, Kerr said.
Though details of the safety program are still being determined, Tribbensee will work with J.K. and a Title IX expert to review policies and implement the program.
“My client and her lawyers strongly believe that the student safety coordinator is a huge step forward for women and all students on Arizona campuses,” Kerr said. “There is every reason to publicize the availability of this resource as widely as possible.”
Kerr said Koetter filed a motion to be removed from the case in October 2008, but it was denied by U.S. District Judge Mary Marguia.
When an appeal was filed, J.K.’s lawyers chose to drop Koetter of the charges in order to preserve the trial date, rather than putting it off for another year.
Koetter, now the offensive coordinator for the NFL’s Jacksonville Jaguars, said Monday that all charges against him were dropped by Marguia on Dec. 10, 2008.
“Violence against women is deplorable, and should be punishable within the normal bounds of our society,” Koetter said. “During my tenure at ASU, we continually tried to promote a culture of responsible behavior, and in particular, respect toward women.”
Kerr said he and his client are satisfied with the settlement of the case.
“We are more than please[d] to see the groundbreaking action the University will now take to protect women,” he said.
Reach the reporter at tessa.muggeridge@asu.edu.
