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An anonymous prospective student has claimed in a lawsuit that she was sexually assaulted by a Virginia Military Institute cadet during a school-sponsored “open house” event.
The lawsuit, which was filed last month in the U.S. District Court in Lynchburg, claims in its statement of facts that in 2021, the anonymous prospective student, referred to as Jane Doe, was a minor in high school and was visiting Virginia Military Institute while she explored her options for a collegiate education.
Doe’s family had strong ties to VMI. Members of her immediate family attended the school, and her parents were employees of the institution at the time of the incident.
On the weekend of Sept. 17-18, 2021, Jane Doe and her family attended an open house event on campus which included a campus tour, planned events, speakers, and various activities.
As a part of the weekend, students were invited to spend the night on campus in the barracks of VMI.
The lawsuit claims that during the early morning hours of Sept. 18, 2021, “Jane Doe was sexually assaulted and battered by her student cadet host while in her host’s barracks room. This assault and battery satisfied the definition of sexual abuse pursuant Va. Code 18.2-67.10 and the elements of ‘sexual battery’ pursuant to Va. Code 18.267.4.”
The following day, Doe returned to her parents and in serious distress. However, she didn’t reveal any details of the assault at this time. That same morning, Doe and her family attended a program where Commandant Col. Adrian Bogart stated that his role on campus was to ensure the safety of all students.
“Upon hearing this, Jane Doe became so upset and distressed, she stood up and ran out of the room,” the lawsuit states.
Doe and her family left campus that day. When they returned home, Doe revealed the details of her assault to her family.
According to the lawsuit, Jane Doe’s father contacted VMI Police staff the following day disclosing the incident regarding the assault and battery. On Sept. 20, Jane Doe was interviewed by two members of the VMI Police staff. Doe’s parents were not present for the interview.
Following the interview, VMI launched an investigation into the incident but did not follow all required steps pursuant to Title IX, according to the lawsuit.
“Throughout the Fall of 2021, Jane Doe and her family were kept in the dark as to steps taken by VMI regarding the investigation, steps taken to address concerns of Jane Doe and her parents regarding campus safety, and any information gathered in the investigation,” the lawsuit states.
In December 2021, Jane Doe’s parents met with VMI Superintendent Gen. Cedric T Wins. In this meeting, Superintendent Wins stated that Jane Doe’s claims were deemed unfounded.
According to the lawsuit, “Due to VMI’s acts and omissions, Jane Doe did not seek attendance at VMI, breaking with family tradition. Jane Doe suffered economic harm due to VMI’s act and omissions.” The lawsuit does not ask VMI for specific damages, but Doe has accused VMI of discrimination and has asked a federal judge to grant an injunction that would require VMI to “provide supportive measures in accordance with Title IX, provide all due process owed including providing evidence and the opportunity for a hearing, and any and all such relief that the Court should find equitable.”
