University of Nebraska Accused of Protecting Athlete

Track star, Melissa Farrington, says that she was forced to leave school after she reported abuse from her athlete boyfriend. She claims that she was harassed and discriminated by the school's athletic department, so she is suing the University of Nebraska- Lincoln for violating the Title IX of the Education Amendments of 1972. Farrington said that the athletic department retaliated against her by canceling her scholarship after she reported domestic abuse by her boyfriend. Title IX prohibits discrimination on the basis of sex, including domestic violence, in all schools that receive federal money. UNL could lose federal funding if it is found that they violated the law.

Farrington's lawsuit states that an athletic department employee informed the university in March 2015 that she was assaulted by a male student athlete she was dating, then university officials interviewed her, and confirmed the assault. She did not feel protected by the employees of the athletic department, but rather ostracized by them, other varsity athletes, and even her own athletic coaches. She says that the university breached its duty to protect victims of sexual violence. They created a hostile environment and refused to renew her scholarship even with her outstanding athletic performance. Her scholarship at UNL was eventually reinstated, but Farrington had to seek out other schools to participate in her sport.  She did transfer to Florida State University, but lost a year's athletic scholarship.

She filed a lawsuit suing UNL for $40,000 in economic damages because of losing a year of scholarship funding. The lawsuit also claims that UNL caused Farrington inconvenience, humiliation, and mental distress.

Comments from Allen:I confess to having a bit of a conflict of interest in commenting on this story, as I am a huge Nebraska Cornhusker fan.  That said, some things about this story caught my interest.

First is that the plaintiff in this story complains that UNL identified her as being a victim, yet allowed her to have a say on whether it took action against the abusive boyfriend.  The University is not a prosecutor, despite what some may think.  The Lancaster County Prosecuting Attorney's office would have the last word on whether a prosecution takes place in Lincoln.  However, it is common in criminal prosecutions that the victim's views are taken into account when a decision is being made concerning whether criminal charges are brought, and whether incarceration is sought.  This is the rule rather than the exception in my experience.

Melissa complains the university created a hostile environment for her and claims UNL track officials told others on the team not to speak with her, which ostracized her from the team.  She also claims the coaches pulled her scholarship, but later reinstated it.

The university claims it followed all Title IX procedures as required, without giving details.

The facts will eventually come out.  It would not surprise me that a coach would withdraw a scholarship from a team member whose presence had become a distraction for the entire team, but reinstated the scholarship when informed by the Title IX compliance officer at UNL that she should not have her scholarship revoked for that reason.  As she alleges, Melissa was a very good track athlete, and I am sure the team will miss her.

Yanking the scholarship is probably the most important piece of evidence Melissa has that UNL violated Title IX.

Asking $40,000 for missing a year of college on scholarship is also not out of line if she does not get that year back.

I am not going to predict the outcome of this trial, as it is very much fact-driven, and we do not know the facts yet, only the allegations.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

http://www.courthousenews.com/2016/04/29/cornhuskers-accused-of-protecting-athlete.htm

http://journalstar.com/news/local/911/after-title-ix-complaint-former-husker-track-athlete-sues-unl/article_1cab1f5c-1782-51de-9e32-095945ea3ba5.html

http://www.universityherald.com/articles/29601/20160502/former-unl-athlete-reports-sexual-assault-sues-university-allegedly-favoring.htm

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