Sexual Assault Lawyer Comments On Federal Complaint Filed Against University Of Alabama At Birmingham

March 10, 2016 - PRESSADVANTAGE -

AbuseGuardian.com reports on a federal complaint filed by a University of Alabama at Birmingham student who alleges that the school violated Title IX regulations when it mishandled her sexual assault case.

The victim alleges that the assault occurred in September of 2014 and that she knew her offender. She claims that the school officials wouldn’t use the rape kit in their investigation because they had no one who was “trained at the university to interpret forensic data correctly.” A year later, the UAB student watched the documentary “The Hunting Ground” and learned that she could pursue protection under the Title IX law. She reached out to the organization End Rape on Campus, which was created by several survivors of sexual assault who were featured in the documentary.

The organization assisted the victim in filing a federal complaint, and she commented on some of the ways her original sexual assault case had been mishandled by the school. She described how the investigation, which is required by law to be conducted in 60 days, took about three months, and that the “no-contact” order the school had in place put the responsibility on the victim, requiring that she leave the area if her offender entered. She described the situation by stating, “If we find ourselves in the same place, I am to remove myself from the situation. It's kind of ridiculous that they would put all that on me." She also commented on the way in which the school treated her when she made her report. She claims that she was met with defensiveness from school officials. She hopes that by filing this complaint she can help other victims of assault in improving the system in which these cases are handled.

Title IX is a federal legislation that was passed in 1972 which prohibits discrimination based on gender in any federally-funded school or activity. Many people associate the law with athletics, yet it covers a broad scope of activities. This legislation applies to all universities, colleges, elementary and secondary schools, activities, and programs that are affiliated with schools that receive federal funding, as well as federally funded educational programs in places such as health care facilities, correctional facilities, and unions. Teachers, coaches, instructors, and faculty must adhere to this legislation, but are protected by it as well.

Brian Kent, Esq. of the firm Laffey Bucci & Kent, understands how devastating the effects of sexual assault can be for a victim. He and his firm sponsor the online resource website AbuseGuardian.com and are devoted to protecting the dignity, safety, and on-going security of each client. Kent commented on the federal complaint by stating, “Sexual assault is a growing problem on college campuses that many schools are struggling to handle. With such high rates of unreported sexual assaults, our society has a responsibility to not only advocate for and support these victims but to work to prevent future assaults from occurring.” The firm is currently representing several clients in claims of sexual assault.

For more information on potential sexual assault claims, or to ask questions, please contact Attorney Brian Kent by calling 866-577-2786.

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