Suit filed against MacMurray College after alleged sexual assault by fellow student

By Gary Scott on January 21, 2016 at 1:12pm

A lawsuit has been filed on behalf of a former MacMurray College student against the school in connection with an alleged sexual assault by a fellow student.

The suit was filed in court Wednesday in Morgan County Court. According to documents, the student went to several parties on the evening of January 17th, 2015. The student was then allegedly driven to the house of a fellow student, and raped by him.

The suit claims the student, who we are not naming because she’s the alleged victim of a sexual assault, was visibly intoxicated and could not consent to sex.

The suit, which only represents one side of the case, indicates MacMurray College determined the alleged assailant was in violation of the college’s sexual conduct policy and had committed sexual assault. However, the suit then says, “subsequent to this finding, and without due process, the finding…was reversed.”

According to the suit, the reversal stemmed from the college failing “to adhere to its own guidelines, and because MacMurray College committed procedural errors during its investigation.” The suit then says MacMurray refused to further investigate the matter.

The suit claims MacMurray’s response to the alleged incident was “clearly unreasonable” and a violation of federal Title IX statute.

In the litigation, MacMurray College is referred to as having a “sexually hostile environment” stemming from this case. It indicates the alleged victim was forced to leave the school, and claims it barred her from educational opportunities and benefits, and caused emotional distress.

The alleged perpetrator is named as a “respondent in discovery” in the suit, while MacMurray is labeled as a defendant.

Charges have not been filed in criminal court in the case. An order of protection from the alleged victim was filed against him last year.

Jacksonville Police Lieutenant Adam Mefford says there’s still an open investigation based on the alleged incident referenced in the lawsuit, but wouldn’t say if police have any suspects.

The alleged victim is being represented by Frederick Nessler and Associates of Springfield.

MacMurray College spokesman Ted Roth told WLDS-WEAI News today that the school has no comment, other than that officials haven’t yet seen the lawsuit, and that they would review it.

Story updated with comment from Jacksonville Police Department.

After consulting with our radio station’s general manager, we have made changes to this story and removed the name of the “respondent in discovery” because, to our understanding, that does not mean a lawsuit has been filed against that particular person.