SHORT HILLS, N.J., Dec. 22, 2014 /PRNewswire/ -- In yet another campus sexual offense case, a student has sued a college for its inaction with regard to a sexual assault incident.

Bridgewater College in Bridgewater, Virginia, and its administrators have been sued in the United States Federal District Court in the Southern District of New York for failure to provide a safe campus and an educational environment free from discrimination.

Federica Facchetti, a foreign exchange student from Italy, was unaware that in 2013 there were at least five reported forcible sex offenses that occurred at on-campus student housing facilities at Bridgewater College.  On February 5, 2014, Facchetti became a victim of sexual assault at an on-campus student housing facility.

"Rather than appropriately addressing Facchetti's horrific sexual assault, Bridgewater instead determined that it would sweep the sexual assault under the carpet," states Facchetti's attorney Peter J. Frazza of the Budd Larner law firm in Short Hills, New Jersey.  The complaint also alleges that Bridgewater failed to properly deal with the five forcible sexual offenses that occurred in 2013.

Bridgewater student Tyler Vest, of Arrington, Virginia, admitted to campus police that he touched Facchetti's vagina, breasts and buttocks, tried to force her to touch his penis and forced himself on top of her.  He also admitted that Plaintiff instructed him to discontinue this behavior and that he got mad at her because she would not engage in sexual activity with him.

According to the complaint, the college failed to follow the proper procedures investigating and handling the matter in violation of Title IX of the Education Amendments of 1972.  In contravention of the college's sexual misconduct policy, the college repeatedly discouraged Facchetti from filing a complaint against Vest.  The college also allegedly failed to:

  • notify Facchetti of the previous incidents;
  • identify and address any patterns revealed in prior reports;
  • report the incident to the Town of Bridgewater Police Department;
  • make Facchetti aware of her rights;
  • conduct an investigation and determine any appropriate measures;
  • provide a determination of charges to Facchetti;
  • include Facchetti in the hearing process including the opportunity to confront the assailant, bring witnesses, obtain a final written determination and the ability to appeal a decision; and
  • provide training to students, faculty and staff on Title IX issues.

Other defendants include Dr. David Bushman, President of Bridgewater College; William Miracle, Dean of Students; Crystal Lynn, Title IX Coordinator; and Nicholas Picerno, Chief of Campus Police.

The lawsuit, Federica Facchetti v Bridgewater College et al, seeks compensatory damages, punitive damages, attorney's fees and other relief.

BUDD LARNER, P.C.
150 John F. Kennedy Parkway
Short Hills, NJ 07078-2703
973.379.4800
www.buddlarner.com

Contact Mitchell Rait 973.315.4515 e-mail: mrait@buddlarner.com

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SOURCE Budd Larner, P.C.

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