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10.7.21 Defendants' Answer To Amended Consolidated Complaint - Final - As Filed With Exhibits10.7.21-1

10.7.21 Defendants’ Answer to Amended Consolidated Complaint - Final - As Filed With Exhibits10.7.21-1

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10.7.21 Defendants' Answer To Amended Consolidated Complaint - Final - As Filed With Exhibits10.7.21-1

10.7.21 Defendants’ Answer to Amended Consolidated Complaint - Final - As Filed With Exhibits10.7.21-1

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Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.

1706 Filed 10/07/21 Page 1 of 390

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JANE DOE 1, et al., Case No. 21-cv-10649

:
Plaintiffs, : Hon. Linda V. Parker
: Mag. Anthony P. Patti
v. :
: EASTERN MICHIGAN
EASTERN DISTRICT OF : UNIVERSITY BOARD OF
MICHIGAN UNIVERSITY BOARD : REGENTS AND EASTERN
OF REGENTS, et al., : MICHIGAN UNIVERSITY
: POLICE DEPARTMENT’S
Defendants. : ANSWER TO PLAINTIFFS’
: AMENDED
: CONSOLIDATED
: COMPLAINT AND JURY
: DEMAND

Todd F. Flood Joshua W. B. Richards

Vincent J. Haisha SAUL EWING ARNSTEIN &
John H. Mott LEHR LLP
FLOOD LAW, PLLC 1500 Market Street, 38th Floor
155 West Congress, Ste. 603 Philadelphia, Pennsylvania 19102
Detroit, Michigan 48226 (215) 972-7737
(248) 547-1032 [email protected]
[email protected]
[email protected] Bridgitte E. Mott
[email protected] SAUL EWING ARNSTEIN &
Attorneys for Plaintiffs LEHR LLP
131 Dartmouth Street, Suite 501
Michael D. Weaver Boston, Massachusetts 02116
Plunkett & Cooney (Bloomfield Hills) (617) 912-0905
38505 Woodward Avenue, Suite 2000 [email protected]
Bloomfield Hills, MI 48304
(248) 901-4000 Attorneys for Defendants Melody
[email protected] Werner, Kyle Martin, Robert Heighes,
Attorney for Plaintiffs and Daniel Karrick
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1707 Filed 10/07/21 Page 2 of 390

Megan Bonanni Elaine Kobylecki

Pitt McGehee Palmer & Rivers, PC Jaskiran Kaur Samra
117 W. Fourth Street, Suite 200 Michael Osborne
Royal Oak, MI 48067-3804 Cokinos Young
248-398-9800 611 Gateway Blvd., Suite 233
[email protected] South San Francisco, CA 94080
Interested Party 628-229-9180
[email protected]
Joshua I. Arnkoff [email protected]
Collins Einhorn Farrell P.C. [email protected]
4000 Town Center, Suite 909 Attorneys for Defendants Alpha Sigma
Southfield, MI 48075 Phi Fraternity, Inc. and Theta Chi
248-355-4141 Fraternity, Inc.
[email protected]
Attorney for Defendant Alpha Sigma Richard M. Mitchell
Phi Fraternity, Inc. Thomas W. Werner
Maddin Hauser Roth & Heller P.C.
Hilary J. Stafford 28400 Northwestern Highway
Scott L. Mandel Second Floor
Foster Swift Collins & Smith PC Southfield, MI 48034
313 S Washington Square 248-827-1875
Lansing, MI 48933 [email protected]
517-371-8111 [email protected]
517-371-8185 Attorneys for Defendants Alpha
[email protected] Sigma Phi Gamma Upsilon
[email protected] Chapter and Theta Chi Fraternity -
Attorneys for Defendant Delta Tau Epsilon Mu Chapter
Delta Theta XI Chapter
Gary C. Rogers
Carolyn Horton Fraser Trebilcock,
Steven F. Stapleton 124 W. Allegan Street, Suite 1000
Clark Hill PLC Lansing, MI 48933-1716
200 Ottawa Avenue NW, Suite 500 517-482-5800
Grand Rapids, MI 49503 [email protected]
616-608-1114 Attorney for Defendant Delta Tau
[email protected] Delta, Inc.
[email protected]
Attorneys for Defendants Sigma
Kappa – Delta Alpha Chapter and
Sigma Kappa, Inc.
2
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1708 Filed 10/07/21 Page 3 of 390

ANSWER

Defendants Eastern Michigan University Board of Regents and Eastern

Michigan University Police Department 1 (together, “the University”) answer

Plaintiffs’ Amended Complaint as follows. Each and every allegation in the

Amended Complaint is denied except where explicitly admitted herein. Further,

with the exception of all facts expressly admitted herein, all headings and footnotes

contained within Plaintiffs’ Amended Complaint are denied to the extent they may

be deemed factual in nature.

PRELIMINARY STATEMENT

Plaintiffs’ Complaint describes horrific accounts of sexual assaults

perpetrated on them by eight former Eastern Michigan University students.2

1
The Eastern Michigan University Police Department (“EMUPD”) is not a
separate legal entity capable of being sued, but is instead an arm of Eastern Michigan
University. EMUPD’s annual budget is set by the University and its staff are
University employees.
2
Plaintiffs identify their alleged assailants by name in the Complaint. The
University, however, has federal privacy obligations as to all of its students and
former students. As a result, where necessary, the University will refer to the alleged
assailants and other non-party students using pseudonyms in this and other
documents filed publicly with the Court. Plaintiff Jane Doe 1 alleges that she was
assaulted by two students, John Doe 1 and John Doe 2 (“JD1” and “JD2”) in January
2018. Jane Does 2 through 10 all allege they were assaulted by John Doe 3 (“JD3”)
between 2015 and 2019. Jane Doe 11 alleges John Doe 4 (“JD4”) assaulted her in
October 2016. Jane Doe 12 alleges John Doe 5 (“JD5”) assaulted her in December
2014. Jane Does 13 and 15 allege that they were both assaulted by John Doe 6
(“JD6”) in 2018. Jane Doe 14 alleges John Doe 7 (“JD7”) assaulted her October
2018. Jane Does 16 and 17 allege that they were both assaulted by John Doe 8
3
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1709 Filed 10/07/21 Page 4 of 390

The descriptions of these assaults are heart-wrenching. The University shares

in Plaintiffs’ – and its community’s – frustration and anger that any student should

experience sexual violence. However, contrary to the Complaint’s allegations, the

University is, and has been, steadfast in its commitment to respond to reports of

sexual misconduct. The University takes all reports of sexual assault seriously. It

supports survivors and investigates and adjudicates all complaints of sexual

misconduct that it is able to based on the participation and information contributed

by survivors.

Title IX is not a strict liability statute. It does not impose an obligation on

Universities to insulate all students from all violence, as hard as the University may

try to do so. See Foster v. Bd. of Regents of Univ. of Michigan, 982 F.3d 960, 965

(6th Cir. 2020) (en banc). Instead, Title IX imposes an obligation to respond to

actual notice of sex-based misconduct in a manner that is not deliberately

indifferent. As horrific as Plaintiffs’ assaults were – as all sexual violence is – the

University can only act when someone tells it something is wrong. Most of the

Plaintiffs never did.

(“JD8”) in September 2018. Jane Does 18 and 19 allege that they were both
assaulted by JD1 and JD2 in 2016.

4
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1710 Filed 10/07/21 Page 5 of 390

Survivors of sexual violence commonly delay reporting for a variety of very

good reasons. Individual survivors make choices about when to report based on their

individual circumstances, needs, and trauma. A survivor’s choice as to whether and

when to report guides the University’s response to an assault. If they do report, it is

their choice whether to move forward with a formal process by participating in it.

Plaintiffs’ choices in this case were meaningful. By choosing to not report

their assaults to the University and/or not to participate in any proceedings against

their assailants, Plaintiffs did not provide the University any opportunity to respond

or to help. Plaintiffs simply cannot place blame on the University for not responding

to information it did not have; the University cannot respond to instances of assault

it does not know about. Nor can – or would – the University try to dissuade a

survivor from moving forward or force a survivor to participate in investigations or

proceedings against their assailants. The University’s mission is to educate and

prepare its students for success. As a result, it genuinely supports the choices of

survivors, including the Plaintiffs in this case who earlier felt unable to participate

in a process against their assailants. But the fact that Plaintiffs are now ready to

move forward does not give them a legal entitlement to relief against the University

that respected their wishes years ago.

5
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1711 Filed 10/07/21 Page 6 of 390

INTRODUCTION3

EMU OFFICIALS WERE AWARE AND TACITLY APPROVED OF THE

CAMPUS RAPE CULTURE BY PURPOSEFULLY DISREGARDING
REPORTS OF RAPE, MISLEADING RAPE VICTIMS AND
DISCOURAGING THEM FROM REPORTING THEIR ASSAULTS TO
TITLE IX OFFICIALS OR LAW ENFORCEMENT
1. Students at Eastern Michigan University (“EMU”) have been subjected

to a long history of hazing, bullying, harassment, and sexual assaults. EMU, through

its actions, inactions and deliberate indifference, endorsed and enabled this culture

to exist within its campus community through mismanagement of Title IX. For years

the EMU campus culture has been overrun with epidemic levels of underage

drinking and sexual assaults, most of which took place at fraternity-sanctioned

events, after which credible reports were made to EMU Officials, specifically to

Defendants Melody Werner (EMU Title IX Coordinator) and Kyle Martin (EMU

Greek Life Coordinator).

ANSWER:

Denied. By way of further response, the University cares deeply about its
students and at all relevant times acted reasonably and diligently. Contrary to
Plaintiffs’ allegations, the University is, and has been, steadfast in its
commitment to respond to reports of sexual misconduct. The University takes
all reports of sexual assault seriously. It investigates and adjudicates all
complaints of sexual misconduct that it is able to based on the participation and
information contributed by survivors. Just as the University takes every report

3
For organizational purposes, the University utilizes the same section headings
as those used by Plaintiffs in their Complaint. These headings should not be
construed as admissions by the University, and to the extent Plaintiffs’ headings are
deemed factual in nature, they are denied throughout.
6
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1712 Filed 10/07/21 Page 7 of 390

of sexual assault seriously, it also takes seriously the wishes and rights of
survivors who may not want to participate in an investigation or adjudication
that they feel may retraumatize them, or for any other reason. In the most
meaningful sense, a survivor choosing whether to report guides the University’s
response to their assault. Individual survivors make choices about when to
report based on their individual circumstances, needs, and trauma. If they do
report, it is their choice whether to move forward with a formal process by
participating in it.

2. Plaintiffs are nineteen females who were victims of sexual assault by

EMU students at predominately Greek Life events. As the facts of this Complaint

will aptly set out, all of these sexual assaults would have been prevented had

Defendants fulfilled its duties to protect Plaintiffs.

ANSWER:

Denied. By way of further response, the University incorporates by

reference its response to paragraph 1. The University further lacks sufficient
knowledge or information to form a belief as to the truth of the allegations
concerning the details of Plaintiffs’ sexual assaults and they are therefore
denied.

3. For at least seven years, EMU Defendants have purposely failed to

investigate credible reports of sexual assault, aggressively discouraged victims from

filing complaints, and misled victims into believing that their assaults were isolated

incidents instead of acts perpetrated by repeat offenders. In so doing, EMU

intentionally concealed from Plaintiffs its central role in perpetuating a rape culture

at EMU as well its own legal culpability.

7
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1713 Filed 10/07/21 Page 8 of 390

ANSWER:

Denied. By way of further response, the University incorporates by

reference its response to paragraph 1.

4. Upon information and belief over 30 survivors of rape have come

forward since March 25, 2021, upon learning that, from at least 2014 to 2020, EMU

officials, including Defendants EMUPD, Melody Werner and Kyle Martin:

a. Manipulated or misled survivors of sexual assault;

b. Prevented survivors of sexual assault from acquiring information

disclosing a right of action;

c. Failed to report sexual assaults in compliance with the Clery Act;

d. Failed to investigate the assaults pursuant to the mandates of
Title IX;
e. Discriminated against countless victims of rape by singling them

out and aggressively discouraging them from reporting; and

f. Wholly misrepresented the legal process to victims.

ANSWER:

Denied. By way of further response, the University incorporates by

reference its response to paragraph 1.

5. Between 2014 and 2020, EMU, turned a blind eye to the individuals

who made credible reports of sexual assaults, and - even worse - they ignored the

fact that many of these reports identified a cadre of serial rapists.

8
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1714 Filed 10/07/21 Page 9 of 390

ANSWER:

Denied. By way of further response, the University incorporates by

reference its response to paragraph 1.

As for footnote 2 in Plaintiffs’ Amended Complaint, the University lacks

sufficient knowledge or information to form a belief as to the truth of the
remaining allegations of this paragraph and they are therefore denied.

6. Many of these rapes took place either on fraternities’ premises on or

near the EMU campus at fraternity and EMU-sanctioned events. Many EMU

officials failed to fulfill their duties to report the sexual assaults as detailed below.

ANSWER:

The University categorically denies the allegation that EMU officials

“failed to fulfill their duties to report the sexual assaults.” The University lacks
sufficient knowledge or information to form a belief as to the truth of the
remaining allegations of this paragraph and they are therefore denied.

7. More specifically, Defendants are responsible for Plaintiffs’ damages

stemming from the sexual assaults by former EMU students many of whom were

members of Defendant fraternities including Dustin Durbyn (“Durbyn”), Dalton

Brosnan (“Brosnan”), William Bujaki (“Bujaki”), Thomas Hernandez

(“Hernandez”), Cameron Layne (“Layne”), D’Angelo “DJ” McWilliams

(“McWilliams”), and Clayton Sigmann (“Sigmann”).

ANSWER:

Denied.

9
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1715 Filed 10/07/21 Page 10 of 390

8. Defendants placed vulnerable students like Plaintiffs in harm’s way by

1) covering up several earlier reports of sexual assault, despite knowing the same

were continuing, thereby creating an ongoing and increased risk of danger for

EMU’s students; 2) acting in a manner that was deliberately indifferent to the

knowledge of reported and suspected sexual assaults against EMU’s students; 3)

failing to follow Defendant Regents Title IX policies and/or protocols; 4) failing to

sufficiently train EMU staff and/or related personnel to properly investigate sexual

assaults, and 5) committing overt acts of misfeasance and malfeasance. In essence,

Defendants effectively and repeatedly provided members of Defendant Fraternities

and Sororities with a “Get Out of Jail Free” card. In doing so, Defendants continued

to perpetuate the image of EMU and Greek life at EMU as a safe place for young

students to reside and earn a diploma.

ANSWER:

Denied. By way of further response, the University incorporates by

reference its response to paragraph 1.

Defendants Melody Werner and Kyle Martin Had Actual Notice of Sexual
Assaults
9. Both Defendants Werner and Martin were mandatory reporters

regarding all claims of sexual assault. In fact, Defendants had a duty to ensure that

all proper reports are made and kept in compliance with federal statutes designed to

monitor campus safety. (Clery Act 20 U.S.C. sec 1092(f) (2018)).

10
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1716 Filed 10/07/21 Page 11 of 390

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

10. EMU officials, including but not limited to Defendants Werner, Martin

and EMUPD, ignored the mandate set in place by Defendant EMU Board of Regents

pursuant to Title IX that all employees and volunteers must report incidents of sexual

assaults to proper authorities. This mandate was enacted, in part, for the purpose of

preventing sexual assaults.

ANSWER:

Admitted in part and denied in part. It is admitted that the University’s

policy requiring University employees to report known incidents of sexual
assault taking place in the University’s programs and activities to the
University’s Title IX Coordinator was part of the University’s significant
efforts to seek to prevent and respond to sexual assaults occurring in its
programs and activities. Except as so admitted, denied.

11. Defendant Werner would aid and assist the assailants, when they were

facing sexual assault claims by inappropriately meeting with them to go through

their version of events and providing special accommodations not similarly

advanced to the victims.

ANSWER:

Denied. The University specifically denies the allegation that Werner

provided “special accommodations” to assailants. By way of further response
and to the contrary, Werner chose to pursue a career focused on helping
survivors. Her role was, among other things, to explain the process of
investigations to both students who reported or were accused of Title IX-related
misconduct and to provide information and support to all such students.

11
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1717 Filed 10/07/21 Page 12 of 390

Werner provided complainants information about their options of

choosing to pursue a Title IX investigation and/or reporting the subject incident
to police or, if they chose, deciding not to pursue a formal investigation. In the
event that a complainant decided to move forward with a Title IX investigation,
Werner would assign an investigator to interview parties and witnesses. During
her tenure as Title IX Coordinator at the University, Werner acted diligently
and tirelessly to provide support, information, resources, and accommodations
to victims of sexual assault, including the few Plaintiffs in this civil action who
chose to report their assaults.

12. Defendant Werner skewed the sexual assault statistics in EMU’s Clery

Act Report, which mandates reporting of crimes that occur on and off campus.

ANSWER:

Denied. The allegation that Werner skewed, manipulated, or changed

sexual assault statistics in EMU’s Clery Report is categorically false and is
utterly devoid of any factual basis. This allegation also misstates universities’
obligations under the Clery Act, which allegations are denied as legal
conclusions.

13. Defendant Werner and Martin frequently and deliberately failed to

memorialize reports of sexual assault. Further, upon information and belief,

Defendant(s) knowingly conspired and aided with each other to not follow the

mandated reporting protocol.

ANSWER:

Denied. By way of further response, the University incorporates by

reference its response to paragraph 11.

12
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1718 Filed 10/07/21 Page 13 of 390

14. It was well-known that Defendant Martin worked closely with

Defendant Werner, in monitoring reports of sexual assaults and underage drinking

within Greek Life.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegation as to what was “well known” and by whom and
said allegation is therefore denied. By way of further response, during his
tenure as Greek Life Coordinator at the University, Martin acted reasonably
and diligently in reporting all complaints of sexual assault of which he was
aware to the University’s Title IX Office. It is admitted that Werner diligently
responded to all such reports of sexual assault.

It is denied that Martin’s role as Greek Life Coordinator was to

specifically “monitor” underage drinking. Likewise, it is denied that Werner’s
role as Title IX Coordinator was to “monitor” underage drinking.

Except as so admitted, denied.

15. It was also well-known by Defendants Martin and Werner, that

members in Greek Life were at a higher risk of underage drinking and sexual

misconduct.

ANSWER:

The University admits, on information and belief, that there are national
statistics to support the argument that members of Greek life at institutions of
higher education are generally at a higher risk of underage drinking and sexual
misconduct. This is precisely why educational programming was put in place
to address these issues within the Greek life community. Except as so admitted,
denied.

13
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1719 Filed 10/07/21 Page 14 of 390

16. Upon information and belief, Defendant Martin questioned the

competency of Defendant Werner in her role as Title IX Coordinator after witnessed

the treatment of sexual assaults by Defendant Werner.

ANSWER:

Denied. The University specifically denies the allegation that Martin

“questioned the competency” of Werner in her role as Title IX Coordinator.

17. Upon information and belief, Defendant Martin received extensive

training on sexual assault, was in the process of obtaining his master’s degree on

sexual assault prevention, and had developed programs designed to work with,

support and protect victims.

ANSWER:

Admitted in part and denied in part. The University denies the allegation
that Martin was ever “in the process of obtaining his master’s degree on sexual
assault prevention.” To the contrary, Martin has a master’s degree in
Education in College and Student Affairs.

In his role as the Greek Life Coordinator at Eastern Michigan University,

Martin facilitated programming on a number of topics, including sexual assault
prevention. Martin also developed programming on the topic of
hypermasculinity, which was to some degree focused on supporting survivors
of sexual assault and understanding consent. Except as so admitted, denied.

18. Despite extensive training and schooling focused on sexual assault

prevention, and despite developing serious concerns about Defendant Werner’s

mishandling of sexual assault complaints, Defendant Martin failed to act on this

14
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1720 Filed 10/07/21 Page 15 of 390

knowledge by failing to fulfill his duties as Greek Life Coordinator to protect victims

and report their assaults.

ANSWER:

Denied. During his tenure as Greek Life Coordinator at the University,

Martin acted reasonably and diligently in reporting all complaints of sexual
assault of which he was aware to the University’s Title IX Office. The allegation
that Martin “failed to act on his knowledge” is specifically denied. By way of
further response, the University incorporates by reference its responses to
paragraphs 16 and 17.

The Fraternity and Sorority Defendants had Actual Notice of Sexual Assaults.

19. EMU policy mandates that officers of fraternities and sororities are

deemed mandated reporters of sexual assault.

ANSWER:

The allegations of this paragraph appear to reference the contents of a

written document. The content of that document speaks for itself, and therefore
no further response is required and any characterizations of said document are
denied.

20. The Fraternity and Sorority Defendants also maintained policies and

procedures requiring their members to report any and all instances of alleged sexual

assault to EMU’s Title IX department.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

21. Defendant Alpha Sigma Phi members knew about many of the rapes

alleged in this Complaint.

15
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1721 Filed 10/07/21 Page 16 of 390

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

22. In order to cover up at least one rape – but likely more – Defendant

Alpha Sigma Phi conducted what was referred to as a “Mystic Circle,” during which

an alleged rape victim was placed in the middle of an unlit room and was surrounded

by Alpha Sigma Phi members who, while seated in a circle, “explained” the facts

and circumstances of the alleged rape to the victim.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

23. Defendant Alpha Sigma Phi’s Mystic Circle would have the effect of

intimidating and threatening a rape victim while putting them through a harrowing

and traumatizing experience at a fraternity house, all for the purpose of covering up

an allegation of rape and to deter the victim from reporting the incident.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

24. After conducting the “Mystic Circle,” ASP chapter president, Lucas

Coffey (“Coffey”), contacted Defendant EMU Police Chief Robert Heighes

(“Heighes”) and described to Defendant Heighes the details about what transpired

in the “Mystic Circle.”

16
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1722 Filed 10/07/21 Page 17 of 390

ANSWER:

Denied. The allegation that Coffey informed Heighes about a “Mystic

Circle” is categorically false. If Heighes, who has been in law enforcement for
decades and has worked tirelessly to provide protection and relief to victims of
sexual assault, had ever been informed of the “Mystic Circle” alleged in this
Complaint, he would have promptly commenced an EMUPD investigation.
Upon information and belief, Coffey also denies that this conversation ever took
place.

25. However, Coffey’s discussion about the Mystic Circle with Defendant

Heighes appears to have been an informal conversation and not a formal report;

indeed, Defendant Heighes was previously married to Coffey’s aunt, and Defendant

Heighes took no steps to initiate an investigation into the sexual assault or otherwise

formally investigate the incident.

ANSWER:

Denied. By way of further response, the University incorporates by

reference its response to paragraph 24.

Further responding, it is admitted that Heighes was previously married

to Coffey’s aunt; however, Heighes and Coffey are not, and have never been,
related by blood or marriage. Heighes divorced Coffey’s aunt in 1980, and
Coffey, who is the son of Heighes’ ex-sister-in-law, was born nearly twenty
years after Heighes’ divorce from Coffey’s aunt. Heighes had never met Coffey
before Coffey began attending the University.

26. Coffey and other Defendant EMU fraternity and sorority officers failed

to fulfil their duties created by EMU policy that mandates them to report sexual

assault, despite actual knowledge of sexual assaults.

17
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1723 Filed 10/07/21 Page 18 of 390

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Defendant EMUPD and its Chief and Deputy Chief had Actual Notice of
Sexual Assaults.

27. The Mystic Circle incident, relayed to Defendant Heighes by Coffey

provides but one example of a sexual assault that Defendant EMU Police

Department (“EMUPD”) knew about yet failed to investigate or otherwise respond

to; there are several other examples as set forth below.

ANSWER:

Denied. At all relevant times, EMUPD acted diligently and reasonably in

investigating and responding to reports of sexual assault. The allegation that
Coffey informed Heighes about a “Mystic Circle” is categorically false, and the
University incorporates by reference its response to paragraph 24.

28. Indeed, beginning in at least December 2016, EMUPD had knowledge

of systemic rapes and/or sexual assaults that had taken place at EMU and in the

surrounding area and failed to take adequate steps to protect victims and further

failed to adhere to Title IX policies and procedures.

ANSWER:

Denied.

18
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1724 Filed 10/07/21 Page 19 of 390

29. Another harrowing example of EMUPD’s total disregard of a sexual

assault involved a female EMU student (hereinafter referred to as “Jane Doe 0”

although she is not one of the Plaintiffs) who was sexually assaulted in 2016.

ANSWER:

Denied. It is specifically denied that EMUPD “disregarded” Jane Doe 0’s

well-being. By way of further response and to the contrary, during the early
hours of January 30, 2016, EMUPD responded to a report of a female in distress
in a University residence hall. Upon arrival, EMUPD found Jane Doe 0 lying
in a shower with the water running. Initially, the responding officer could not
determine if Jane Doe 0 was breathing. EMUPD called an ambulance, which
ultimately arrived and transported Jane Doe 0 to the hospital.

EMUPD made a number of attempts to interview Jane Doe 0 after she

arrived at the hospital, but on a number of those attempts, she was
unresponsive. Later in the morning on January 30, 2016, EMUPD was able to
conduct an interview of Jane Doe 0 at the hospital. Jane Doe 0 told EMUPD,
in relevant part, that: (1) she did not remember much from the previous night;
(2) she recalled going to a party with her friends; (3) she and her friend were
drinking vodka and juice, and she drank approximately a pint of vodka; (4) she
did not remember being in the shower where EMUPD found her intoxicated;
and (5) she did not recall being transported to the hospital. EMUPD asked Jane
Doe 0 if she “felt ok” or if there was anything else that may have happened.
Jane Doe 0 indicated that she felt ok and that she could not remember further
details. At no point in time did Jane Doe 0 state or suggest that she had been
sexually assaulted.

EMUPD interviewed various witnesses in order to further investigate the

incident and determine what had happened to Jane Doe 0. None of those
interviews suggested that Jane Doe 0 had been sexually assaulted. By way of
limited example, a female student who was interviewed told EMUPD that she
assisted Jane Doe 0 (who had apparently defecated in her pants) by helping to
clean up in the shower. The female student also indicated that she had taken
off Jane Doe 0’s shirt in the shower to help cool her down.

19
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.1725 Filed 10/07/21 Page 20 of 390

Following its interviews of various witnesses, EMUPD called Jane Doe 0

on February 1, 2016, February 2, 2016, and February 4, 2016 in order to follow
up with her and check on her status and well-being. Jane Doe 0 did not respond.

In sum, Jane Doe 0 never informed EMUPD that she was assaulted and
EMUPD’s investigation did not reveal that Jane Doe 0 had been sexually
assaulted. Jane Doe 0 chose not to respond to EMUPD’s repeated attempts to
follow up with her.

Finally, the University specifically denies that Jane Doe 0 was a student
at EMU.

30. Her contact with EMUPD serves as a glaring example of Defendants

failing to protect students from – as well as purposefully concealing from students –

EMU’s systemic rape culture as accounted below:

a. Resident Advisor in an EMU dormitory called 911 to report a

female screaming;

b. Defendant EMUPD responded finding EMU student and Alpha

Sigma Phi member Dustyn Durbin with Jane Doe 0, who was in
a shower with the water running, half-dressed and unresponsive;
Jane Doe 0 regained consciousness and suddenly started saying
“please, please, please.” She then blurted out “keys, keys...pants,
penis, penis;”

c. Jane Doe 0 was transported to the hospital and was later

contacted by Defendant EMUPD, while still at the hospital, at
which time she could not recall what had happened to her;

d. A CSC kit was not administered on Jane Doe 0;

e. An hour before Defendant EMUPD arrived, members of

Defendant ASP – Chapter had taken an unconscious Jane Doe 0
to the dormitory room, and it was during that hour Durbin
sexually assaulted Jane Doe 0; and
f. Defendant EMUPD failed to properly investigate the sexual
assault of Jane Doe 0. In a subsequent police investigation,

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Durbin, upon information and belief, admits to having sex with

Jane Doe 0.

ANSWER:

Denied. The University categorically denies the allegation that EMUPD

“fail[ed] to protect students from” or “purposefully conceal[ed]from students .
. . EMU’s systemic rape culture.”

By way of further response and to the contrary, during the early hours of
January 30, 2016, EMUPD responded to a report of a female in distress in a
University residence hall. Upon arrival, EMUPD was advised by a male, later
identified as JD3, that Jane Doe 0 was in the bathroom. Upon entering the
bathroom, EMUPD found Jane Doe 0 lying in a shower with the water running.
Initially, the responding officer could not determine if Jane Doe 0 was
breathing. EMUPD called an ambulance, which ultimately arrived and
transported Jane Doe 0 to the hospital. Before the ambulance arrived, EMUPD
attempted to remove Jane Doe 0 from the shower at which time Jane Doe 0 said
words to the effect of “please, please, please,” “keys,” and “pants.” The
EMUPD officer repeated what Jane Doe 0 was saying in an attempt to elicit a
response. Jane Doe 0 then said “penis” twice.

EMUPD made a number of attempts to interview Jane Doe 0 after she

EMUPD interviewed various witnesses, including JD3, in order to further

investigate the incident and determine what had happened to Jane Doe 0. None
of those interviews suggested that Jane Doe 0 had been sexually assaulted. By
way of limited example, two witnesses told EMUPD that they brought Jane Doe

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0 to the dormitory, and another witness told EMUPD that she assisted Jane Doe
0 by cleaning her in the shower as she had apparently defecated in her pants.
The student also indicated that she had taken off Jane Doe 0’s shirt in the
shower to help cool her down.

Following its interviews of various witnesses, EMUPD called Jane Doe 0

on February 1, 2016, February 2, 2016, and February 4, 2016 in order to check
on her status and well-being. Jane Doe 0 did not respond.

In sum, at no point in time did Jane Doe 0 report to EMUPD that she had
been assaulted, nor did she even suggest that she thought she had been
assaulted, and EMUPD’s investigation did not otherwise reveal that Jane Doe
0 had been sexually assaulted. Jane Doe 0 chose not to respond to EMUPD’s
repeated attempts to follow up with her.

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegation that a CSC kit was not administered on Jane
Doe 0 and this allegation is therefore denied.

Except as so admitted, denied.

31. Defendant EMUPD failed to report Jane Doe 0’s sexual assault to

EMU’s Title IX department in violation of both EMU policies and Title IX

requirements.

ANSWER:

Denied. The University specifically denies that EMUPD had notice of any
sexual assault of Jane Doe 0. At no point in time did Jane Doe 0 report to
EMUPD that she had been assaulted nor did she even suggest that she thought
she had been assaulted. The evidence suggested that Jane Doe 0, who was
intoxicated, was in the shower as a result of another female attempting to assist
cleaning Jane Doe 0. Despite EMUPD’s multiple attempts to follow up with
Jane Doe 0 and check on her well-being, Jane Doe 0 did not respond to EMUPD.
Without any notice of a sexual assault, there was no “sexual assault” for
EMUPD to report to Title IX.

32. No Title IX investigation took place.

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ANSWER:

The University admits that its Title IX Office did not initiate an
investigation concerning Jane Doe 0 because it did not receive any report of
sexual assault or sexual misconduct concerning Jane Doe 0; to the contrary, the
report regarding Jane Doe 0 was of a person in medical distress, not a report of
sexual assault. By way of further response, EMUPD did not have notice that
Jane Doe 0 was sexually assaulted; therefore, there was nothing for EMUPD to
report to the Title IX Office. Further responding, the University incorporates
by reference its response to paragraph 31. Except as so admitted, denied.

33. Instead, Defendant EMUPD issued Jane Doe 0 a citation for underage

drinking and leveled no charges against Durbin. It was not until four years later in

2020 that Durbin, was finally charged with multiple counts of sexual assault

perpetrated against nine EMU students between 2015-2019.

ANSWER:

Admitted in part and denied in part. It is specifically denied that EMUPD

issued a citation for underage drinking to Jane Doe 0. The University admits
that it did not pursue charges against JD3 in connection with any “sexual
assault” of Jane Doe 0 because, among other reasons, Jane Doe 0 did not report
to EMUPD that she was assaulted by JD3, Jane Doe 0 did not suggest that she
thought she had been assaulted by JD or anyone else, and EMUPD otherwise
had no reason to believe JD3, or anyone else, sexually assaulted Jane Doe 0.

The University lacks sufficient knowledge or information to form a belief

as to the truth of the remaining allegations of this paragraph and they are
therefore denied.

34. Another glimpse into the culture of EMUPD was captured in 2020 by

EMUPD Deputy Chief Daniel Karrick’s (“Karrick”) attempt to “explain” Title IX

to Ypsilanti Police Department Detective Annette Coppock (“Coppock”), the officer

in charge (“OIC”) of the criminal investigation against several of the alleged EMU

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rapists: “...If you have a campus that has a lot of rapes or guys that are catcalling

girls or that type of culture, ‘No’ means ‘yes’ and ‘yes’ means ‘anal,’ then Title

IX comes into play to say this is not a safe school for girls to be attending

because they cannot get an equal opportunity to get an education with this type

of stuff going on.”

ANSWER:

Admitted in part and denied in part. The University lacks sufficient

knowledge or information to form a belief as to the truth of the allegation that
Ypsilanti Police Department Detective Coppock is the “[OIC] of the criminal
investigation against several of the alleged EMU rapists” and this allegation is
therefore denied. The University admits that Karrick made a similar,
hypothetical statement to Coppock in the context of explaining generally how
Title IX applies to institutions of higher education because Detective Coppock,
who did not have an understanding of Title IX, asked Karrick to explain to her
how Title IX worked. Karrick’s hypothetical statement did not refer to the
University, but rather referred generally to publicly-reported scandals at other
universities. Except as so admitted, denied.

PARTIES

35. Plaintiffs JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4,

JANE DOE 5, JANE DOE 6, JANE DOE 7, JANE DOE 8, JANE DOE 9, JANE

DOE 10, JANE DOE 11, JANE DOE 12, JANE DOE 13, JANE DOES 14, JANE

DOE 15, JANE DOE 16, JANE DOE 17, JANE DOE 18 and JANE DOE 19

(hereinafter collectively referred to as “Plaintiffs” unless otherwise identified) reside

and/or at all times relevant to the instant action resided in the State of Michigan

within the Eastern District of Michigan.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

36. At all times relevant to the instant action, Plaintiffs were students and/or

guests at EMU located within the Eastern District of Michigan.

ANSWER:

Denied. By way of further response, the phrase “at all relevant times” is
vague, but it is specifically denied that all Plaintiffs were students at the
University during all time periods relevant to the allegations in the Complaint.
The University specifically denies that Jane Doe 12 was ever a student enrolled
at Eastern Michigan University.

37. Plaintiffs file this case anonymously because of the extremely sensitive

nature of the case as Plaintiffs were victims of sexual assault, and the suit will require

disclosure of information “of the utmost intimacy;” Plaintiffs are therefore entitled

to protect their identities in this public filing by not disclosing their names. Doe v.

Porter, 370 F.3d 558, 560 (6th Cir., 2004), citing Doe v. Stegall, 653 F.2d 180, 185-

86 (5th Cir., 1981).

ANSWER:

This paragraph is a characterization of Plaintiffs’ Amended Complaint

and the relief sought therein to which no response is required. To the extent a
response is required, the University lacks sufficient knowledge or information
to form a belief as to the truth of the allegations of this paragraph and they are
therefore denied.

38. Defendant EMU BOARD OF REGENTS (“Regents”) is the governing

body of EMU, a public university and Michigan Corporation that receives Federal

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financial assistance and is, therefore, among other reasons, subject to Title IX of the

Education Amendments of 1972, 20 U.S.C. §1681, et seq., and is a body corporate,

with the right to be sued., MCL 390.551, et seq.

ANSWER:

Admitted in part and denied in part. The University admits that the
Eastern Michigan University Board of Regents is the governing body of Eastern
Michigan University, a Michigan public university and body corporate that
receives federal financial assistance. Except as so admitted, denied.

39. At all times relevant to the instant action, Defendant MELODY

WERNER (“Werner”) resided in the Eastern District of Michigan and was EMU’s

Title IX Coordinator.

ANSWER:

Admitted in part and denied in part. It is admitted that Werner was the
Title IX Coordinator for the University from approximately 2015 until
November 2019 and resided in the Eastern District of Michigan during that
time. Except as so admitted, denied.

40. Defendant Werner is being sued in both her individual and official

capacity.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

41. At all relevant times to the instant action, Defendant Werner was acting

in her official capacity, within the course and scope of her employment as EMU’s

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Title IX Coordinator, employed by EMU and Defendant Regents, and under color

of law.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

42. At all times relevant to the instant action, Defendant KYLE MARTIN

(“Martin”) resided in the Eastern District of Michigan and was EMU’s Greek Life

Coordinator, employed by Defendant Regents.

ANSWER:

Admitted in part and denied in part. It is admitted that Martin was

Eastern Michigan University’s Greek Life Coordinator from approximately
June 2017 until approximately June 2019 and resided in the Eastern District of
Michigan during that time. Except as so admitted, denied.

43. Defendant Martin is being sued in both his individual and official

capacity.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

44. At all times relevant to the instant action, Defendant Martin was acting

in his official capacity, within the course and scope of his employment as EMU’s

Greek Life Coordinator, employed by Defendant Regents, and under color of law.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.
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45. Defendant EMUPD a.k.a. EMU Department of Public Safety, with its

principal location at 1200 Oakwood Street, City of Ypsilanti, County of Washtenaw,

State of Michigan, is located within the Eastern District of Michigan.

ANSWER:

Admitted in part and denied in part. It is admitted that EMUPD is

headquartered at 1200 Oakwood Street, City of Ypsilanti, County of
Washtenaw, State of Michigan. It is denied that EMUPD is a separate legal
entity capable of being sued. EMUPD is an arm of the University. Its annual
budget is set by the University and its staff are University employees. Except
as so admitted, denied.

46. At all times relevant to the instant action, Defendant EMUPD was

deputized by the Washtenaw County Sheriff, expanding Defendant EMUPD’s

jurisdiction beyond the borders of EMU’s campus as a part of the Eastern

Washtenaw Safety Alliance and in collaboration with the Washtenaw County

Sheriff’s Office, YPD, and the Ann Arbor Transportation Authority. The officers

from each agency within the Eastern Washtenaw Safety Alliance, including

Defendant EMUPD, share jurisdictional authority and have county-wide arrest

powers.

ANSWER:

Admitted.

47. At all times relevant to the instant action, Defendant Karrick resided in

the Eastern District of Michigan and was employed by Defendants EMUPD and

Regents as EMUPD’s Deputy Chief of Police.

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ANSWER:

Admitted in part and denied in part. It is admitted that Defendant

Karrick resided in the Eastern District of Michigan during the time period that
is the subject of the allegations in the Complaint, and that he was employed by
the University as EMUPD’s Deputy Chief of Police. Except as so admitted,
denied.

48. Defendant Karrick is being sued in his official capacity and his

individual capacity.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

49. At all times relevant to the instant action, Defendant Karrick was acting

in his official capacity, within the course and scope of his employment as EMUPD’s

Deputy Chief of Police, employed by Defendants EMUPD and Regents, and under

color of law.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

50. At all times relevant to the instant action, Defendant Heighes resided in

the Eastern District of Michigan and was employed by Defendants EMUPD and

Regents as the EMUPD Chief of Police.

ANSWER:

Admitted in part and denied in part. It is admitted that Defendant

Heighes resided in the Eastern District of Michigan during the time period that

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is the subject of the allegations in the Complaint, and that he was employed by
the University as EMUPD’s Chief of Police. Except as so admitted, denied.

51. Defendant Heighes is being sued in his official capacity and in his

individual capacity.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

52. At all times relevant to the instant action, Defendant Heighes was acting

in his official capacity, within the course and scope of his employment as EMUPD

Chief of Police, employed by Defendants EMUPD and Regents, and under color of

law.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

53. Defendant ASP FRATERNITY, INC. (“ASP – National”) is a foreign

corporation which conducts business in the City of Ypsilanti, County of Washtenaw,

State of Michigan.

ANSWER:

The allegations of this paragraph are directed to defendants other than

the University and the Individual EMU Defendants. 4 By way of further
response, the University lacks sufficient knowledge or information to form a

4
The “Individual EMU Defendants” is a defined term, which includes Werner,
Heighes, Karrick, and Martin.
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belief as to the truth of the allegations of this paragraph and they are therefore
denied.

54. Defendant ASP – Gamma Upsilon Chapter (“ASP – Chapter”), is a

Michigan corporation with its location at 411 Ballard Street, City of Ypsilanti, State

of Michigan, and is located within the Eastern District of Michigan.

ANSWER:

The allegations of this paragraph are directed to defendants other than

the University and the Individual EMU Defendants. By way of further
response, the University lacks sufficient knowledge or information to form a
belief as to the truth of the allegations of this paragraph and they are therefore
denied.

55. Defendant DTD, INC. (“DTD – National”) is a foreign corporation

which conducts business in the City of Ypsilanti, County of Washtenaw, State of

Michigan.

ANSWER:

The allegations of this paragraph are directed to defendants other than

56. Defendant DTD FRATERNITY – Theta Xi Chapter (“DTD –

Chapter”) is a Michigan corporation with its Chapter location at 720 Lowell Street,

City of Ypsilanti, State of Michigan, and is located within the Eastern District of

Michigan.

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ANSWER:

The allegations of this paragraph are directed to defendants other than

57. Defendant SIGMA KAPPA – NATIONAL (“SK - National”) is a

foreign corporation based in Carmel, Indiana and conducts business in the City of

Ypsilanti County of Washtenaw, State of Michigan.

ANSWER:

The allegations of this paragraph are directed to defendants other than

58. Sigma Kappa – Delta Alpha Chapter (“SK - Chapter”) is a Michigan

corporation with its principal place of business located at 415 W. Forrest Ave.,

Ypsilanti, MI, 48197, and is located within the Eastern District of Michigan.

ANSWER:

The allegations of this paragraph are directed to defendants other than

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59. THETA CHI FRATERNITY INC. (“TC - National”), is a foreign

corporation based in Carmel, Indiana and conducts business in the City of Ypsilanti

County of Washtenaw, State of Michigan.

ANSWER:

The allegations of this paragraph are directed to defendants other than

60. THETA CHI - EPSILON MU CHAPTER (“TC - Chapter”) is a

Michigan corporation with its principal place of business located at 900 Oakwood

Street, Ypsilanti, MI, 48197, and is located within the Eastern District of Michigan.

ANSWER:

The allegations of this paragraph are directed to defendants other than

JURISDICTION AND VENUE

61. This Court’s subject matter jurisdiction is based on 28 USC §§ 1331

and 1343 as the action arises under the United States Constitution and seeks damages

under Acts providing for the protection of civil rights pursuant to 42 USC §1983 and

other statutes, including Title IX, 20 USC §1681.

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ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

62. This Court also has supplemental jurisdiction over Plaintiffs’ state law

claims pursuant to Fed. R. Civ. P. 18 and 28 U.S.C. § 1367.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

63. This is an action for creating, fostering and failing to remedy a known

sexually hostile environment and failure to protect women in violation of Title IX of

the Education Amendments of 1972, as amended, 20 U.S.C. § 1681, et seq., 34

C.F.R. § 106.31 et seq., 42 U.S.C. § 1983, and the Jeanne Clery Disclosure of

Campus Security Policy and Campus Crime Statistics Act of 1990, 20 U.S.C. §

1092(f) (2018) (“Clery Act”).

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied. By way of further response,
no Count of this Complaint asserts any claim arising from the Clery Act, which
provides for no private right of action.

64. Defendants are not immune from suit under the Governmental Tort

Liability Act, MCL 691.1401 et seq., or any other statute.

ANSWER:

Denied.

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65. Venue is proper in the United States District Court for the Eastern

District of Michigan pursuant to 28 U.S.C. § 1391(b), as all of the events giving rise

to this action occurred in the County of Washtenaw, State of Michigan, which is

located within the Southern Division of the Eastern District of Michigan.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

66. The amount in controversy exceeds Seventy-Five Thousand Dollars

($75,000.00), excluding interest, costs, and attorney fees.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

67. Plaintiffs’ Complaint is timely filed within the applicable statutes of

limitations.

ANSWER:

Denied.
TITLE IX

68. Title IX is inherently designed to protect and ameliorate the effects of

sexual harassment, sexual assaults and other misconduct.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

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69. EMU, as a federal loan recipient and participant in Title IV of the Civil

Rights Act of 1964, is required to comply with federal law, including Title IX.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

70. Title IX prohibits gender-based harassment, which may include acts of

verbal or nonverbal communication or conduct, or physical aggression, intimidation,

or hostility based on sex or sex-stereotyping, regardless of whether those acts include

conduct of a sexual nature.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

71. A school is responsible under Title IX for the sexual harassment of a

student by another student (i.e., peer sexual harassment) when the school remains

deliberately indifferent to severe, pervasive or objectively offensive sexual conduct

of which it has actual knowledge.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

72. Under Title IX, a school remains deliberately indifferent to harassment

where its response is clearly unreasonable in light of the known circumstances.

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Evidence of deliberate indifference can include the failure to provide academic

accommodations and the failure to adequately discipline the harassing student.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

73. The deliberate indifference standard makes a school liable when,

among other things, it refuses to take action to bring the recipient into compliance.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

74. A school is responsible to take prompt and equitable remedial

measures, including interim measures reasonably designed to deter retaliation during

investigations and promptly advising survivors of credible threats to their safety

during the investigatory process.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

75. It is a violation of Title IX for a school to delay action until after

survivors have graduated simply to avoid disruption.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

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76. Defendants had actual knowledge of EMU’s Title IX department’s

deficiencies and the lack of trust in the same by its student body.

ANSWER:

To the extent that this allegation is directed at the University or the

Individual EMU Defendants, it is denied. By way of further response, the
University categorically denies that there were “deficiencies” in its Title IX
Office. To the extent that this allegation is directed at other defendants named
in this lawsuit, the University lacks sufficient knowledge or information to form
a belief as to the truth of the allegations of this paragraph and they are therefore
denied.

77. Defendants' acts and failures to act, as it relates to each Plaintiff,

constitute unlawful discrimination on the basis of gender. The sexual harassment

endured by each Plaintiff was sufficiently severe, pervasive, and objectively

offensive to constitute “actionable harassment.” One or more of EMU’s

administrators, agents, and/or officials, with authority to take corrective action on

Plaintiffs' behalf, had actual knowledge of the sexual assaults of Plaintiffs but

discriminated and/or failed to adequately respond in accordance with their own

policies in light of the surrounding circumstances. These clearly unreasonable

responses amounted to deliberate indifference toward the foreseeable possibility of

further actionable harassment of each Plaintiff. As a result of Defendants’ acts or

failures to act, each Plaintiff was subjected to subsequent harassment and loss of

educational opportunities, resources, and/or benefits.

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ANSWER:

To the extent that this allegation is directed at the University or the

Individual EMU Defendants, it is denied. To the extent that this allegation is
directed at other defendants named in this lawsuit, the University lacks
sufficient knowledge or information to form a belief as to the truth of the
allegations of this paragraph and they are therefore denied.

78. Additionally, EMU failed to implement proper procedures to discover,

prohibit or remedy the kind of gender-based discrimination that each Plaintiff

suffered. These failures included non-existent or inadequate policies or procedures

for the recognition, reporting, investigation, and correction of unlawful gender-based

discrimination, as well as the failure to properly assess and monitor the operation of

fraternities; the failure to report allegations of sexual misconduct to law enforcement

and/or relevant EMU administrators; the policy and/or practice of engaging in ad-

hoc, internal disciplinary procedures that resulted in a lack of discipline for male

members of fraternities that engaged in sexual misconduct; the policy and/or practice

of engaging in unequal investigatory procedures that improperly favored male

fraternity students over female student victims of sexual misconduct; the policy

and/or practice of discrediting female victims of sexual assault, abuse and/or

misconduct committed by male fraternity members; the policy and/or practice of

tolerating and/or tacitly approving sexual misconduct committed by fraternity

members; and the creation of a sexually hostile atmosphere whereby the rules

applicable to all students did not apply to fraternity members. Defendants acted with

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deliberate indifference in response to knowledge of institutional, serial rape. Even

worse, Defendants intentionally and fraudulently concealed their knowledge of

sexual assaults and/or sexual misconduct committed by male members of EMU

fraternities and other male EMU students.

ANSWER:

To the extent that this allegation is directed at the University or the

79. As early as 2014, Defendants had actual notice of sexual assaults

perpetrated by male members of EMU fraternities and other EMU students but acted

with deliberate indifference to the foreseeable possibility of further actionable

harassment, in part, by failing to take prompt and reasonable actions in response to

this knowledge, thereby subjecting Plaintiffs to subsequent harassment which

ultimately deprived Plaintiffs of educational opportunities, resources, and/or

benefits.

ANSWER:

To the extent that this allegation is directed at the University or the

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80. Defendants acted with deliberate indifference in deviating significantly

from the standard of care outlined by the Department of Justice in the Dear

Colleague Letter of 2011 and contrary to their own policies.

ANSWER:

To the extent that this allegation is directed at the University or the

81. As a result of Defendants’ deliberate indifference, Plaintiffs were

forced to endure further actionable harassment and a sexually hostile environment

on campus. In addition, Plaintiffs suffered losses of educational opportunities and/or

benefits and incurred, and will continue to incur, attorney fees and other costs of

litigation.

ANSWER:

To the extent that this allegation is directed at the University or the

82. At all times relevant hereto, Plaintiffs were unaware of Defendants’

pervasive failings with respect to their response to known issues of sexual

misconduct within the EMU’s Greek system dating back several years prior to the

sexual assaults endured by these Plaintiffs. Because Defendants concealed this

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information from Plaintiffs and the general public, Plaintiffs could not, with

reasonable diligence, have learned this information independently.

ANSWER:

To the extent that this allegation is directed at the University or the

83. At all times relevant hereto, Plaintiffs were unaware of Defendants’

deliberate indifference to the actual knowledge that members of EMU’s fraternities

and other EMU students had been accused of sexually assaulting multiple female

students, thereby constituting an institutional and pervasive pattern of sexual

misconduct of which Defendants were aware. Because Defendants concealed this

information and failed to report the same, contrary to the Clery Act, Plaintiffs could

not, with reasonable diligence, have discovered this information independently.

ANSWER:

To the extent that this allegation is directed at the University or the

84. At all relevant times hereto, Defendants did not use their best efforts

and, in fact, acted in bad faith in response to Plaintiffs’ claims of sexual assaults.

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ANSWER:

To the extent that this allegation is directed at the University or the

Mandated Reporting of Sexual Misconduct on EMU Campus by Greek Life

85. Defendants ASP - Chapter, DTD - Chapter, TC - Chapter, and SK -

Chapter each played a role in condoning and enabling a culture of sexual assaults on

EMU’s campus.

ANSWER:

The allegations of this paragraph are directed to defendants other than

86. At all times relevant to the instant action, each Greek Life Chapter

organization had a corresponding National organization, which are also Defendants,

that governed, controlled and/or managed their respective local chapters through

bylaws, constitutions and/or codes of conduct regarding all matters, including but

not limited to incidents of harassment and sexual assault.

ANSWER:

The allegations of this paragraph are directed to defendants other than

the University and the Individual EMU Defendants. By way of further
response, the University lacks sufficient knowledge or information to form a

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belief as to the truth of the allegations of this paragraph and they are therefore
denied.

87. Members of EMU sorority, Defendant SK - Chapter engaged in hazing,

coercion, and manipulation of other female members, pledges, and/or “rushes,” in

particular, JANE DOE 11, rendering her vulnerable to assault. Indeed, the conduct

of members of Defendant SK - Chapter was criminal, violating MCL 750.411t of

the Michigan Penal Code.

ANSWER:

The allegations of this paragraph are directed to a defendant other than

88. Defendant ASP – Chapter has specific bylaws governing its operation

and management.

ANSWER:

The allegations of this paragraph are directed to defendants other than

89. Defendant ASP – Chapter’s bylaws require it to do the following:

a. Appoint a Risk Management Director, whose duties and

obligations include but are not limited to:
i. “Reduce exposure to risk and liability of the Chapter and
its members;”

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ii. “Ensure that risk management policies are followed at all

Chapter events;”

iii. “Communicate at least monthly with the Risk

Management Advisor on the Chapter Council;”

iv. “Assist the President and Prudential Board with crisis

management;”

v. “Work with the House Manager to ensure proper health,

safety and welfare inspections are carried out...;”
vi. “Coordinate at least one educational program related to
risk management each term;”

vii. “Complete an incident report and submits to Headquarters

for all incidents,” and
i. “Document everything and prepare a transition binder to pass
on to the next officer.”
b. Adopt a Risk Management Program that, among other things:
i. “Aims to reduce risk;”

ii. Helps “undergraduate members of the fraternity better

understand that ‘risk’ is a part of life and that given the
tools and resources to recognize ‘risk’ and individuals’
liability and be greatly reduced;”
iii. Informs “members of all applicable federal, state, and
local laws, as well as college or university and national
fraternity policies,” including but not limited to EMU’s
Title IX policies;”
iv. “Makes sure that all Chapter policies are consistent with
federal, state, and local laws, as well as college or
university and national fraternity policies;”

v. “Ensures that every Chapter activity is evaluated for

potential risks and that all possible actions are taken to
manage such risks;”

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vi. “Develops and maintains a crisis management plan and

make sure each Chapter member is familiar with the
actions contained within the plan;” and

vii. “Educates members on the ASP National Fraternity’s

alcohol policies.”
c. Ensure that every appointed officer “leads by example.”

ANSWER:

The allegations of this paragraph are directed to defendants other than

90. Defendant ASP – Chapter also enacted a “Code of Conduct” by which

all members must abide, which includes but is not limited to, the following

affirmations:

a. “I will respect the dignity of all persons, and therefore, I will not
physically, psychologically, or sexually abuse any human
being;” and

b. “I will not abuse, nor support the abuse of, alcohol or controlled
substances.”

ANSWER:

The allegations of this paragraph are directed to defendants other than

91. Defendant ASP – Chapter further follows a Health and Safety Policy

which explicitly provides that “[t]he Fraternity will not tolerate or condone any form

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of sexist or sexually abusive behavior on the part of its members, whether physical,

mental, or emotional. This is to include any actions, activities, or events, whether on

chapter premises or an off-site location which are demeaning to women or men,

including but not limited to verbal harassment, sexual assault by individuals or

members acting together.”

ANSWER:

The allegations of this paragraph are directed to defendants other than

92. Every member of Defendant ASP – Chapter must sign a “Membership

Agreement and Affiliation Form” which includes, but is not limited to, the following

acknowledgements:

a. “To follow and comply with all policies and procedures as

outlined in the Fraternity Constitution and By-laws, ..., the
chapter/provisional chapter Constitution and By-laws; and the
Ritual of Alpha Sigma Phi Fraternity;”

b. “To familiarize myself with and comply with Alpha Sigma Phi
Health and Safety Policies... These Policies forbid any form of
hazing or assault;” and
c. “To comply with the laws of the land and rules, regulations and
policies of the institution where I am enrolled as a student,”
including but not limited to EMU’s Title IX policies.

ANSWER:

The allegations of this paragraph are directed to defendants other than

the University and the Individual EMU Defendants. By way of further
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response, the University lacks sufficient knowledge or information to form a

belief as to the truth of the allegations of this paragraph and they are therefore
denied.

93. At all times relevant to the instant action, Defendant ASP – National

governed, controlled and/or managed Defendant ASP – Chapter via its bylaws,

constitution and/or code of conduct. Defendant ASP – Chapter is required to

regularly report to Defendant ASP – National regarding all matters, including but

not limited to incidents of harassment and sexual assault.

ANSWER:

The allegations of this paragraph are directed to defendants other than

94. Defendant DTD – Chapter has specific bylaws governing its operation

and management.

ANSWER:

The allegations of this paragraph are directed to defendants other than

95. Defendant DTD – Chapter’s bylaws require:

a. Appointment of an Executive Board;

b. Appointment of a Risk Management Officer;

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c. Prohibition of alcohol and/or illegal substances, which is

punishable by fine and/or expulsion;

d. “Members or pledges found guilty of conduct detrimental to the

best interest of the Fraternity and/or Chapter shall have a hearing
with the Honor Board to determine proper action;” and
e. “Members and pledges shall maintain proper decorum at all
times with respect to the introduction of guests within the
Shelter.”

ANSWER:

The allegations of this paragraph are directed to defendants other than

96. At all times relevant to the instant action, Defendant DTD – National

governed, controlled and/or maintained Defendant DTD – Chapter via its bylaws,

constitution and/or code of conduct. Defendant DTD – Chapter is required to

regularly report to Defendant DTD – National regarding all matters, including but

not limited to incidents of harassment and sexual assault.

ANSWER:

The allegations of this paragraph are directed to defendants other than

97. Defendant DTD – National was on notice of Defendant DTD –

Chapter’s probationary status for previous violations, including, but not limited to,

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alcohol consumption on its premises in direct violation of its bylaws. The same can

be alleged in regards to Defendants ASP – National and ASP – Chapter.

ANSWER:

The allegations of this paragraph are directed to defendants other than

98. Officers and members of Defendants ASP – Chapter, DTD - Chapter,

TC - Chapter, and SK - Chapter were all duty-bound and obligated to ensure that all

put in place they were intoxicated.

ANSWER:

The allegations of this paragraph are directed to defendants other than

99. Defendant SK – National’s Policy Handbook (“The Handbook”)

requires every collegiate chapter, including Defendant SK - Chapter to follow,

adhere to, and promote the rules, policies, bylaws, and regulations as set forth by

Defendant SK – National.

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ANSWER:

The allegations of this paragraph are directed to defendants other than

100. Similarly, Defendant SK – National’s bylaws provide explicit rules and

regulations regarding hazing and alcohol consumption on Defendant SK – Chapter’s

premises.

ANSWER:

The allegations of this paragraph are directed to defendants other than

101. On its website, SK – Chapter and/or SK National discusses Risk

Management, stating:

a. “Sigma Kappa has a number of policies designed to reduce the

potential for harm to our members and to address situations
where issues have occurred.”
b. “Sigma Kappa expects that all members will follow Sigma
Kappa policy, college/university policy, and all local, state, and
federal laws.”

c. “The Sorority expects her members will make informed,

reasonable, and responsible choices regarding their personal
safety.”

d. “Our policies include detailed information about risk incidents,

hazing, social events, transportation, and practices for self-
governance.”
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ANSWER:

The allegations of this paragraph are directed to defendants other than

102. Defendant Fraternities would encourage and pressure students to drink

excess amounts of alcohol at sanctioned events.

ANSWER:

The allegations of this paragraph are directed to defendants other than

103. Defendant Fraternities and Sorority, through their members and

officers, aided and abetted the hazing, bullying, coercing, and furnishing alcohol to

minors and/or vulnerable female students, encouraging them to become intoxicated

at parties and rendering them vulnerable to fraternity members who were both

unmonitored and encouraged to assault women.

ANSWER:

The allegations of this paragraph are directed to defendants other than

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Fraudulent Concealment of Sexual Misconduct on EMU’s Campus

104. Plaintiffs’ claims are timely filed as Defendants hid from Plaintiffs the

legal claims they had against Defendants. Defendants’ fraudulent concealment of

Plaintiffs’ claims in this fashion tolled the applicable statute of limitations.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied. To the extent the allegations
in this paragraph require further response, they are denied.

105. For many years, Defendants have carefully concealed their role in

creating and fostering a pervasive rape culture at EMU, so much so that it was not

until the filing of this Complaint on March 25, 2021 that the existence of legal claims

against Defendants was discovered.

ANSWER:

To the extent that the allegations of this paragraph are directed at or

purport to characterize the actions of the University or the Individual EMU
Defendants, they are denied. As to any remainder of the allegations of this
paragraph that concern other individuals and/or parties, the University lacks
sufficient knowledge or information to form a belief as to the truth of the
allegations of this paragraph and they are therefore denied.

106. When a Defendant fraudulently conceals the existence of a legal claim

from the knowledge of the person entitled to sue, the statute of limitations is tolled

as follows:

If a person who is or may be liable for any claim

fraudulently conceals the existence of the claim or the
identity of any person who is liable for the claim from the

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knowledge of the person entitled to sue on the claim, the

action may be commenced at any time within 2 years after
the person who is entitled to bring the action discovers or
should have discovered, the existence of the claim or the
identity of the person who is liable for the claim, although
the action would otherwise be barred by the period of
limitations. MCL § 600.5855.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

107. Here, Defendant Regents, through the bad acts of its officers and

employees, fraudulently concealed the existence of legal claims from the Plaintiffs

as set forth fully throughout this Complaint.

ANSWER:

Denied.

108. Plaintiffs did not discover the wrongful conduct of Defendants Regents,

EMUPD, Werner, Martin, Heighes and Karrick, all of whom concealed causes of

actions that Plaintiffs may have had against Defendants until at least March 25, 2021.

It was not until that date when it was discovered that EMU Defendants (Werner,

Martin, Karrick, Heighes) had engaged in wrongful conduct by concealing their

knowledge of years of ongoing criminal conduct at EMU. Likewise, it was not until

March 25, 2021 when it was discovered that for many years Defendants failed to

report and/or investigate credible reports of “Prohibited Conduct” (as defined in

EMU’s Sexual Harassment and Interpersonal Violence Policy) thereby

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concealing the existence of viable legal claims from Plaintiffs and enabling this

horrendous activity to continue for years.

ANSWER:

The University denies the allegations of this paragraph. Footnote 7 in

paragraph 108 references the contents of a written document, and the content
of that document speaks for itself; therefore, any characterizations thereof are
denied. The remaining allegations of paragraph 108 are denied.

109. Defendants cannot avoid application of the fraudulent concealment

statute by arguing that they did not directly make any fraudulent statements to

Plaintiffs in an effort to conceal Plaintiffs’ causes of actions against them because

EMU had an affirmative duty to disclose to Plaintiffs the wrongful conduct based on

fiduciary relationships with Defendants’ students.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

110. Defendants also owed a heightened duty of care to Plaintiffs, most if

not all of who were under the legal drinking age at the time they were provided

alcohol by members of DTD – Chapter, ASP – Chapter and others and then sexually

assaulted.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

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111. Defendants had a duty to warn and a duty to protect Plaintiffs and all

students enrolled at EMU.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

112. Defendants, through their employees, agents, and representatives

fraudulently concealed the existence of Plaintiffs’ claims by 1) concealing from

Plaintiffs, and those similarly situated, EMU’s systemic culture of sexual assaults

and/or sexual misconduct 2) concealing the same from Title IX reporting in order to

preserve federal funding, 3) concealing from Plaintiffs that EMU and its employees,

agents and representatives were aware of the culture of sexual abuse and failed to

make a good-faith effort to stop and/or prevent it, 4) affirmatively telling Plaintiffs

that their claims were not actionable at law, and 5) publishing a statement, which

was presented to and relied upon EMU students, including but not limited to

Plaintiffs, explaining that anonymous reporting to any “responsible employee” was

sufficient to put Defendants on actual notice of sexual misconduct.

ANSWER:

To the extent that the allegations of this paragraph are directed at or

purport to characterize the actions of the University or the Individual EMU
Defendants, they are denied. Additionally, footnote 8 in paragraph 112
references the contents of a written document, and the content of that document
speaks for itself and any characterizations thereof are denied. As to any
remainder of the allegations of this paragraph that concern other individuals
and/or parties, the University lacks sufficient knowledge or information to form

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a belief as to the truth of the allegations of this paragraph and they are therefore
denied.

Defendant Melody Werner’s Fraudulent Concealment.

113. Defendant Werner made affirmative representations (hereinafter

“Werner’s representations”) to Plaintiffs as follows:

a. That Plaintiffs’ claims lacked sufficient evidence to initiate a

formal investigation;
b. That Plaintiffs’ complaint of sexual assault was an isolated
incident;
c. That Plaintiffs’ assailant had no previous report of assault;

d. That Plaintiffs would not be believed;

e. That reporting the assault would negatively impact the Plaintiffs;
f. That protective measures from further assaults were not available
to Plaintiffs, such as No Contact Orders and escorts;
g. That Plaintiffs should not pursue formal investigations following
their sexual assaults;
h. That Plaintiffs were not sexually assaulted;

i. That Plaintiffs should not question and/or report the conduct to

appropriate authorities; and,

j. That there was no possible cause of action against their rapist

and/or EMU.
ANSWER:

Denied. The University categorically denies the allegation that Werner

ever discouraged or dissuaded survivors of sexual assault from: (a) reporting
their assaults, (b) pursuing Title IX investigations, or (c) reporting those
assaults to the police. By way of further response, Werner chose to pursue a
career focused on helping survivors. Her role at the University was, among
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other things, to respond to complaints of sexual assault and provide

complainants with general support and information about their options of
choosing to pursue a Title IX investigation and/or reporting to police. During
her tenure as Title IX Coordinator at the University, Werner acted diligently
and tirelessly to provide support, information, resources, and accommodations
to victims of sexual assault.

114. Defendant Werner’s representations were false.

ANSWER:

The University denies the allegation in this paragraph because it is based

upon the false premise that Werner made such representations. She did not.

115. Defendant Werner knew the representations were false. She

intentionally misled female students who had been sexually assaulted to not pursue

further action. Upon information and belief, this was done to create a façade that

EMU was free of sexual assaults in order to maintain funding. Defendant Werner

knew her response to reported sexual assaults of Plaintiffs by an alleged serial rapist

were not proper, appropriate, legitimate, reasonable and/or in accordance with

federal Title IX guidelines.

ANSWER:

Denied. The University categorically denies the allegation that Werner

ever discouraged or dissuaded survivors of sexual assault and incorporates by
reference its response to paragraph 113. By way of further response, this
allegation appears to be based upon the false premise that the occurrence of
sexual assaults jeopardizes an institution’s federal funding, which it does not.
Title IX requires recipients of federal funding to respond to known instances of
sexual assault within its programs and activities in a manner that is not
deliberately indifferent; it is not a strict liability statute through which the
occurrence of a sexual assault by a third party on its campus alone can threaten
the University’s ability to participate in federal funding programs. As a result,

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the premise of this allegation – that Defendant Werner would be motivated to

hide sexual assaults, rather than respond to them appropriately – is nonsensical
and demonstrates a lack of understanding of the way the law works.

116. Defendant Werner made the false representations even though she was

aware of the culture of sexual assaults.

ANSWER:

Denied. Werner cares deeply about survivors of sexual assault and

specifically chose to pursue a career focused on helping survivors. The
University categorically denies the allegation that Werner ever made “false
representations” to survivors of sexual assault. During her tenure as Title IX
Coordinator at the University, Werner acted diligently and tirelessly to provide
support, information, resources, and accommodations to victims of sexual
assault.

117. Defendant Werner aggressively discouraged victims from reporting

their rapes during face-to-face meetings so that emails later sent “following up” with

Plaintiffs merely created a paper trail of an alleged appearance of “compliance.”

ANSWER:

Denied. The allegation that Werner “aggressively discouraged victims

from reporting rapes” is categorically false and contradicts the very follow up
emails Plaintiffs reference. By way of further response, the University
incorporates by reference its response to paragraph 113.

118. Defendant Werner’s representations to each Plaintiff that they were not

assaulted and/or that the incident they were involved in was not worth reporting,

purposefully led each Plaintiff to believe - as Defendant Werner intended - that their

assault was an isolated incident. However, in reality, Defendant Werner and others

at EMU, instead concealed their knowledge about the pervasive rape culture at

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EMU, creating a very dangerous environment for vulnerable students, like the

Plaintiffs.

ANSWER:

Denied. By way of further response, the University incorporates by

reference its response to paragraph 113.

119. Defendant Werner’s representations were material, in that had

Plaintiffs known the representations were false, Plaintiffs would have known about

EMU’s culpability and direct role in their assault.

ANSWER:

Denied.

120. Defendant Werner’s representations and discouragement of victims

from reporting their sexual assaults were made knowingly, as Defendant Werner, in

a position of power and authority over these victims, knew that that Plaintiffs would

rely on any representations that she made. Plaintiffs by and large relied on Defendant

Werner’s counsel and advice. Defendant Werner’s statements were made with the

intent of concealing from Plaintiffs that they had a viable cause of action against

EMU, its employees, agents, and/or representatives.

ANSWER:

Denied.

121. Plaintiffs relied upon Werner’s representations; causing Plaintiffs to

discontinue efforts to pursue legal remedies and protections from sexual assaults,

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resulting in Plaintiffs experiencing further harassment and a deprivation of

educational benefits, resources and opportunities.

ANSWER:

Denied.

122. Werner’s false representations amount to fraud and were made for the

purpose of concealing the truth, which was that Plaintiffs had/have a cause of action

against Defendants.

ANSWER:

Denied.

123. Defendant Werner further concealed the fraud by taking affirmative

steps to avoid inquiry or investigation into EMU’s rape culture when she failed to

abide by or follow proper Title IX protocol related to reports of sexual misconduct

committed by the same assailant(s). Specifically, Defendant Werner, when

confronted with multiple reports of sexual misconduct by the same assailant,

intentionally discouraged and/or declined to investigate patterns of sexual

misconduct by repeat assailants, which constituted an institutional pattern of sexual

misconduct on EMU’s campus.

ANSWER:

Denied.

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124. At all times pertinent to this action, Defendant Werner was an agent,

apparent agent, servant, and employee of EMU and operated within the scope of her

employment, and her fraudulent concealment is imputed to EMU.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

125. Accordingly, the statute of limitations on Plaintiffs claims against EMU

were tolled by Defendant Werner’s fraudulent concealment.

ANSWER:

Denied.

All Defendants’ Fraudulent Concealment.

126. Defendants, through their employees, agents, and representatives,

including but not limited to Defendants Werner, Martin, EMUPD, and members of

EMU’s administration, made affirmative representations to Plaintiffs (hereinafter

“Defendants’ representations”) to Plaintiffs as follows:

a. That Plaintiffs’ claims lacked merit;

b. That members of EMU’s Greek Life would be believed and
trusted in favor over Plaintiffs;

c. That Plaintiffs, by virtue of their clothing, makeup or general

appearance, must be promiscuous;
d. That Plaintiffs would not be believed because their accounts of
sexual assault did not align with their accusers’ “stories”;

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e. That Plaintiffs would have to undergo an arduous process to

report and proceed with a Title IX claim;

f. That Plaintiffs were led to believe that the Ypsilanti Police

Department would not investigate their claims due to lack of
evidence; and,
g. That there was no possible cause of action against their rapist
and/or EMU.

ANSWER:

To the extent that the allegations of this paragraph are directed at the
University or the Individual EMU Defendants, they are denied. As to any
remainder of the allegations of this paragraph that concern other individuals
and/or parties, the University lacks sufficient knowledge or information to form
a belief as to the truth of the allegations of this paragraph and they are therefore
denied.

127. Defendants’ representations were false.

ANSWER:

To the extent that the allegations of this paragraph are directed at or

128. Defendants knew the representations were false. Defendants received

several complaints since, at least, 2014 about sexual assaults prior to Plaintiffs’

reports.

ANSWER:

The University admits that it received reports of sexual assault prior to

2014. To the extent that the remaining allegations of this paragraph are
directed at or purport to characterize the actions of the University or the
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Individual EMU Defendants, they are denied. As to any remainder of the

allegations of this paragraph that concern other individuals and/or parties, the
University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations of this paragraph and they are therefore denied.

129. Defendants made the material representations, knowing they were false

and/or made the material representations recklessly, without any knowledge of their

truth and as a positive assertion, in that they had previously received strikingly

similar complaints of abuse by members of Greek Life from other students and knew

that the EMU Title IX department’s responses to such allegations had been

completely inadequate.

ANSWER:

To the extent that the allegations of this paragraph are directed at or

130. Defendants’ representations were material, in that had Plaintiffs known

the representations were false, they would have sought alternative action

immediately.

ANSWER:

To the extent that the allegations of this paragraph are directed at or

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131. Defendants’ representations were made with the intent that Plaintiffs

would rely on them as Defendants sought to prevent Plaintiffs from discovering they

had a cause of action against Defendants.

ANSWER:

To the extent that the allegations of this paragraph are directed at or

132. Plaintiffs did, in fact, rely on Defendants’ representations; indeed, the

representations led Plaintiffs to refrain from seeking formal resolution and, had they

known the representations were false, Plaintiffs would have sought formal

resolution.

ANSWER:

To the extent that the allegations of this paragraph are directed at or

133. Defendants knew that Plaintiffs were particularly susceptible to

believing Defendants’ misrepresentations because:

a. Plaintiffs were young and impressionable women;

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b. Defendants’ representations were made within the context of a

pervasive culture created by EMU that supported that Defendant
Werner’s advice was sound and binding, and she was a
competent Title IX coordinator to be trusted and never
questioned;
c. Plaintiffs had no prior experience with legitimate and
appropriately pursued claims involving sexual assault, so it was
impossible for Plaintiffs to differentiate a legitimate and
appropriately performed Title IX response from a clearly
unreasonable response;

d. Plaintiffs respected Defendant Werner’s notoriety, status and

position of authority over them, and thereby trusted, relied and
believed her representations;

e. Plaintiffs had no reason to believe or be aware that they could

possibly sue or had a possible cause of action because they were
young women who were not knowledgeable or aware of the civil
justice system and applicable remedies at law; and,

f. Plaintiffs had never previously heard about allegations in the

media or on campus regarding sexual assaults or misconduct by
Greek Life members at EMU, as the truth had been concealed
from them and there were no such reports.

ANSWER:

To the extent that the allegations of this paragraph are directed at or

134. Accordingly, Plaintiffs did not know, could not have reasonably

known, and were reasonably unaware of a possible cause of action that they had

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against Defendants until the filing of this Complaint on March 25, 2021, at which

point Plaintiffs discovered possible causes of action against Defendants.

ANSWER:

To the extent that the allegations of this paragraph are directed at or

135. In addition to affirmative false representations, EMU officials, agents,

and representatives failed to disclose to Plaintiffs that they were victims of a culture

of ongoing and pervasive sexual assaults.

ANSWER:

Denied.

136. At all times pertinent to this action, the Title IX employees, staff,

supervisors, and directors of Defendants were agents, apparent agents, servants, and

employees of Defendants and operated within the scope of their employment and

their Fraudulent Concealment is imputed to Defendants.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

137. Defendants committed Fraudulent Concealment, as described in detail

above and below.

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ANSWER:

Denied.

138. For plaintiffs who were initially minors when assaulted, Michigan law

also provides a safe harbor from statute of limitations in MCL 600.5851b.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

139. Beginning in at least December 2014, Defendant EMUPD had

knowledge of the rape culture at EMU and the prevalence of sexual assaults on

EMU’s campus and in the surrounding area.

ANSWER:

Denied.

140. Defendant EMUPD officers and/or investigators deliberately failed to

enter reports from sexual assault victims into the police CRISnet system and/or other

Defendant EMUPD reporting systems and/or software utilized by Defendant

EMUPD to create police reports from complaining victims and/or witnesses.

ANSWER:

Denied.

141. Defendant EMUPD deliberately failed to notify the Ypsilanti Police

Department (“YPD”) about the brutal rapes against Plaintiffs that reportedly

occurred within YPD’s jurisdiction. As will be explained more thoroughly herein,

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Defendants Regents and EMUPD concealed the assaults from YPD for nearly two

years, and thus thwarted a proper investigation into Plaintiffs’ sexual assault which

resulted in catastrophic psychological and physical harm to them, as well as

Defendant Regents and EMU’s community as a whole.

ANSWER:

Denied.

142. YPD did not become aware of several sexual assaults to Plaintiffs until

2020 whereupon it initiated and conducted a thorough investigation.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

143. Accordingly, Plaintiffs did not know, could not have reasonably

known, and were as reasonably unaware of possible causes of action that they may

have against Defendants until they heard about complaints filed against Greek Life

members for sexual assaults, at which point Plaintiffs became aware that EMU

indirectly or directly caused the abuse by being aware that members of Greek Life

were sexual predators and failing to stop them from harming students.

ANSWER:

Denied.

144. Plaintiffs incorporates, by reference, the paragraphs above and below

regarding damages suffered by Plaintiffs as a result of Defendants’ responsibility for

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their conduct and permitting a cultural of sexual assaults to be prevalent on its

campus, Defendants’ awareness and responsibility for their fraudulent

misrepresentations about the Title IX process, reports of sexual assaults, and/or

Defendant Werner’s fraudulent misrepresentations.

ANSWER:

To the extent that this paragraph characterizes Plaintiffs’ Amended

Complaint no response is required. The allegations of this paragraph are
otherwise denied.

145. Plaintiffs reallege and incorporate by reference the allegations

contained in the previous and subsequent paragraphs.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

JANE DOE 1

146. JANE DOE 1 enrolled at EMU in the Fall of 2015.

ANSWER:

The University admits that Jane Doe 1’s first semester at EMU was the
Fall of 2015.

147. JANE DOE 1 met Hernandez during her freshman year at EMU, as she

and Hernandez lived in the same dorm and on the same floor.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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148. JANE DOE 1 met McWilliams in 2016 through Hernandez, as

McWilliams and Hernandez belonged to the same fraternity, Defendant DTD -

Chapter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Night of the Rape

149. On or around January 18, 2018, JANE DOE 1 went to a fraternity party,

which was being held at Defendant DTD - Chapter’s fraternity house, with her

cousin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

150. Prior to arriving at the Defendant DTD - Chapter house, JANE DOE 1

and her cousin consumed alcohol so that they would not have to drink at the party.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

151. Despite JANE DOE l’s alcohol consumption, she was fully aware of

her surroundings and the events that took place on or around January 18, 2018.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

152. JANE DOE 1 and her cousin walked to Defendant DTD - Chapter’s

fraternity house, which was approximately one mile from JANE DOE l’s residence.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

153. During the party, as JANE DOE 1 danced with friends, Hernandez

persistently stepped in while JANE DOE 1 was dancing with another male.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

154. While dancing with JANE DOE 1, Hernandez repeatedly rubbed

against her and tried to kiss her. JANE DOE 1 told Hernandez not to kiss her and

that she was not interested, rejecting Hernandez’s advances.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

155. JANE DOE 1 also danced with McWilliams during the party.

McWilliams did not make sexual advances towards JANE DOE 1 as they danced.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

156. However, on multiple occasions during the party, McWilliams

attempted to serve JANE DOE 1 and her cousin “shots” of alcohol, which JANE

DOE 1 and her cousin both declined.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

157. The party ended at approximately 2:00 a.m., at which time members of

Defendant DTD - Chapter began asking people to leave.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

158. Hernandez and McWilliams told JANE DOE 1 and her cousin that they

could “stay and hang out” after the party.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

159. After talking and making sure it was ok with JANE DOE 1. JANE

DOE l’s cousin went with a member of Defendant DTD - Chapter to another room.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

160. JANE DOE 1 was then invited by Hernandez and McWilliams to go to

another “living room” to watch Netflix until JANE DOE l’s cousin returned.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

161. Instead of a living room, JANE DOE 1 was escorted into a private room

with a bed, dresser, and television on top of the dresser. When JANE DOE 1 entered

the room, she noticed one of the men locking the door behind her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

162. After entering the private room, Hernandez grabbed JANE DOE 1 and

pulled her into his grip, groping her breasts and buttocks as he tried to kiss her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

163. JANE DOE 1 was scared and wanted to leave. She told Hernandez

“no” and pleaded with him to stop several times.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

164. Undisturbed by JANE DOE l’s pleadings, Hernandez forcefully

removed all of JANE DOE l’s clothes.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

165. As Hernandez forcefully removed JANE DOE l’s clothing against her

will, McWilliams stood in the corner of the room and watched.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

166. Once JANE DOE 1 was fully nude, Hernandez pushed her onto a bed.

Hernandez then removed all of his clothes and laid on top of JANE DOE 1, where

he continued to grope her as she repeatedly begged him to stop. In response,

Hernandez pushed JANE DOE l’s head into the bed, put his face into her groin, and

bit down hard against her vaginal opening, causing agonizing pain.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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167. JANE DOE 1 then heard Hernandez tell McWilliams, who had

removed all of his clothes except for his shirt, to join him. McWilliams then started

to grope JANE DOE 1 and attempted to kiss her, as well.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

168. Hernandez grabbed JANE DOE 1 by her hair and pulled her up to a

sitting position by the side of the bed. Both Hernandez and McWilliams stood side

by side masturbating to make themselves erect thereinafter forcing JANE DOE 1 to

give them oral sex while they both stood in front of her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

169. At this point, JANE DOE 1 realized that either Hernandez or

McWilliams was recording the brutal sexual assault on a phone, because she could

see a flash emanating from a camera phone.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

170. Hernandez got onto the bed while forcefully grabbing JANE DOE l’s

hair. Hernandez then forced JANE DOE l’s head back onto his penis.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

171. At the same time, McWilliams stood at the side of the bed with his leg

up behind JANE DOE 1. McWilliams then began penetrating JANE DOE l’s vagina

with his penis.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

172. As Hernandez continued to hold JANE DOE l’s hair and thrust his penis

into her mouth, McWilliams penetrated her vaginally. Hernandez and McWilliams

raped JANE DOE 1 simultaneously.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

173. Throughout the assault, Hernandez and McWilliams smacked JANE

DOE l’s breasts and buttocks as they continued to brutally rape her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

174. JANE DOE 1 begged Hernandez and McWilliams to stop, indicating

that she needed to use the bathroom, needed to find her cousin, and needed to go

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home to her apartment to let her roommate inside. Hernandez and McWilliams

ignored JANE DOE l’s pleadings and continued to rape her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

175. Hernandez then left the room as McWilliams continued to rape JANE

DOE 1.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

176. McWilliams sat on the bed and held JANE DOE 1 by her hair,

restricting her movement, and then forced his penis down her throat.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

177. Hernandez then returned to the room as McWilliams continued to

brutally rape JANE DOE 1.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

178. In a concerted effort, Hernandez and McWilliams pulled JANE DOE 1

to the edge of the bed, taking turns forcing their penises into JANE DOE 1 ’s mouth

while holding her hair.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

179. McWilliams then ejaculated onto JANE DOE 1 face, head, and neck.

Once McWilliams finished, he grabbed his clothes and left the room.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

180. JANE DOE 1 again told Hernandez that she needed to use the restroom.

Hernandez escorted her, preventing any attempts by JANE DOE 1 to escape.

Hernandez then followed JANE DOE 1 into the restroom where he locked the door

behind them, trapping JANE DOE 1 yet again.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

181. Inside the restroom, Hernandez continued to grope JANE DOE 1 and

told her she needed to “clean up” after McWilliams had ejaculated on her face.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

182. Hernandez pulled JANE DOE 1 by her hair back into the bedroom and

continued the assault after she cleaned McWilliams’s semen off of her head, face,

and neck.
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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

183. Hernandez continued to rape JANE DOE 1, becoming more violent

after McWilliams left the room. Hernandez referred to JANE DOE 1 as his “sex

slave.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

184. Hernandez began biting JANE DOE 1, leaving huge marks and bruises

all over her body.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

185. Hernandez then forced JANE DOE 1 to bend over the side of the bed

in order to penetrate her vaginally.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

186. Hernandez continued biting JANE DOE 1. Hernandez became so

violent that he left a huge mark on her left buttock along with smaller marks on her

side.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

187. Hernandez, unable to become erect due to intoxication, laid on his back

and pulled JANE DOE 1’s hair and head towards his groin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

188. Hernandez took JANE DOE 1’s head and began thrusting his penis into

her mouth. Hernandez then pulled JANE DOE l’s head off of his penis, grabbed

JANE DOE 1 by her hips, and physically placed her onto his penis, forcing her to sit

while he penetrated her vaginally.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

189. JANE DOE 1 again told Hernandez she needed to find her cousin and

let her roommate into her apartment. At this point, Hernandez finally permitted

JANE DOE 1 to get up.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

190. JANE DOE 1 quickly grabbed her phone and called her cousin, who

was downstairs at the time.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

191. Running furiously with her cousin, JANE DOE 1 escaped Defendant

DTD - Chapter’s fraternity house as Hernandez chased after her. Ultimately, JANE

DOE 1 arrived at her apartment where she was in shock and was given aid by her

cousin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Panic by Thomas Hernandez and D’Angelo McWilliams

192. Both Hernandez and McWilliams started to panic and made several

attempts to contact JANE DOE 1 and her cousin in the days following the assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

193. After learning of JANE DOE 1’s brutal sexual assault, JANE DOE l’s

roommate made posts on EMU’s social media website, Twitter, and Facebook

warning others that Hernandez and McWilliams had raped JANE DOE 1.

ANSWER:

Admitted in part and denied in part. The University admits that an

individual believed to be Jane Doe 1’s roommate and/or boyfriend posted on
social media alleging that JD2 and JD1 sexually assaulted a female. The
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University lacks sufficient knowledge or information to form a belief as to the

truth of the remaining allegations of this paragraph and they are therefore
denied.

194. In a concerted effort, Hernandez and McWilliams, after learning of

JANE DOE l’s roommate’s aforementioned posts, conspired to go to Defendant

Werner to downplay and discredit any potential claim by JANE DOE 1 if/when she

reported the incident to Defendant Regents and EMU’s Title IX department.

ANSWER:

Denied. By way of further response, the University lacks sufficient

knowledge or information to form a belief as to the truth of the allegations of
this paragraph as they relate to the intent of JD2 and JD1; therefore, those
allegations are denied.

The University further denies the allegation that Werner would or did
attempt to dissuade Jane Doe 1 from participating in a Title IX investigation or
reporting the incident to the police. To the contrary, Werner chose to pursue a
career focused on helping survivors. Her role at the University was, among
other things, to respond to complaints of sexual assault and provide
complainants with general support and information about their options of
choosing to pursue a Title IX investigation and/or reporting to police. In the
event that a complainant decided to move forward with a Title IX investigation,
Werner would assign an investigator to interview parties and witnesses. Jane
Doe 1 chose not to move forward with an investigation.

Additionally, as Title IX Coordinator, it was Werner’s practice to explain

to an alleged victim of sexual assault the benefit of reporting an assault to the
police and creating a record of the victim’s account of the incident so that, if at
some point in the future the victim wanted to pursue criminal charges against
the assailant, the victim’s statement would already be on file with the police. It
was also Werner’s practice to offer to accompany such a person to the police
station to assist him/her with making such a report to the police.

In this case, Werner acted consistently with that practice. Werner at no

time said anything to dissuade Jane Doe 1 from reporting the incident. Instead,

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Werner emailed Jane Doe 1 on March 13, 2018 and March 26, 2018 to offer
support, help, and assistance and to set up a meeting with Jane Doe 1. On
March 29, 2018, Werner met in person with Jane Doe 1 to discuss the alleged
sexual assault and to explain Jane Doe 1’s options, including proceeding with a
Title IX investigation or reporting the assault to the police. During their
meeting, Jane Doe 1 advised Werner that she was not sure whether she wanted
to proceed with an investigation. Following their meeting, Werner emailed
Jane Doe 1 to ask her if she would be willing to speak with an EMUPD officer
in the Special Victim’s Unit and made other attempts to encourage Jane Doe 1
to contact EMUPD. Werner emailed Jane Doe 1 again on April 10, 2018 to
check in and see if she could provide further support. Werner also assisted
Jane Doe 1 with securing academic accommodations.

Ultimately, despite Werner’s outreach, support, and encouragement,

Jane Doe 1 made a decision not to participate in any Title IX investigation and,
likewise, did not report the incident to EMUPD, did not contact EMUPD, and
was unresponsive to EMUPD’s further outreach. Jane Doe 1 had every right
to make the decision that not proceeding with an investigation was the right
choice for her under the circumstances. Because proceeding with a Title IX
investigation over the objections of a survivor often has the effect of
retraumatizing the survivor, the University rarely makes the decision to
override the wishes of a survivor, which, in this instance, was to not move
forward with an investigation.

195. At all times relevant to the instant action, Hernandez was a well-known

figure on EMU’s campus. He had served as the President of Interfraternity Council,

the local governing board for EMU fraternities, and had developed a working

relationship with Defendant Werner based, in part, on the same.

ANSWER:

Admitted in part and denied in part. The University admits that JD2
served as the President of the Interfraternity Council at the University for the
calendar year 2018. As to the allegation that “[JD2] was a well-known figure
on EMU’s campus,” the University lacks sufficient knowledge or information
to form a belief as to the truth of that allegation and it is therefore denied. The
remaining allegations of this paragraph are denied.

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By way of further response, the allegation that there was a “working

relationship” between Werner and JD2 is categorically wrong. To the contrary,
the first time that Werner met personally with JD2 was in or about March, 2018
when JD2 met with Werner in the Title IX Office about this matter. Werner
and JD2 did not know one another personally prior to their March 2018
meeting. Except as so admitted, denied.

Evidence of Fraudulent Concealment and Concert of Actions

196. McWilliams had a relationship, both professional and personal, with

Defendant Karrick, as McWilliams was employed by the Westland Police

Department where Defendant Karrick had been the Deputy Chief.

ANSWER:

Denied. The allegation that Karrick and JD1 had a personal or

professional relationship is categorically false. By way of further response,
prior to working at the University, Karrick served as Deputy Chief of the
Westland Police Department. Karrick retired from the Westland Police
Department on or about September 10, 2012. Upon information and belief, JD1
began working at the Westland Police Department on or about May 23, 2016,
which was over three years after Karrick had retired from the Westland Police
Department. Thus, Karrick and JD1 did not ever work together at the
Westland Police Department. Karrick had not ever met JD1 until March, 2018
when EMUPD began investigating certain social media posts accusing JD1 of
sexual assault. Likewise, Karrick did not learn that JD1 worked at Westland
Police Department until approximately March or April, 2018.

197. Defendant Karrick became Deputy Chief of Police for Defendant

EMUPD after retiring from the Westland Police Department.

ANSWER:

Admitted.

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198. McWilliams ultimately left the Westland Police Department and, while

attending EMU, became a Deputy with the Washtenaw County Sheriff’s

Department.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegation in this paragraph, and it is therefore denied.

199. After McWilliams learned about social media posts accusing him of

rape, he confided in Defendant Karrick about the accusations against him because

Defendant Karrick was a “brother” in law enforcement and former Deputy Chief of

Westland Police Department where McWilliams was employed.

ANSWER:

Denied. The University specifically denies that Karrick and JD1 were
ever co-workers or friends; to the contrary, Karrick and JD1 never worked
together at Westland Police Department. By way of further response, the
University incorporates by reference its response to paragraph 196.

By way of further response, following the allegations of the assault of Jane

Doe 1 on social media in March, 2018, Werner met with JD1 and JD2 at their
request. During that meeting, Werner contacted EMUPD and requested that
an officer attend the meeting. Defendant Karrick arrived at the meeting, where
he gathered information from JD1 and JD2 about the alleged assault and social
media posts so that EMUPD could begin an investigation. The March 2018
meeting was the first time that Karrick had ever met JD1.

200. Once a rape is reported to Title IX, an investigation may still be

conducted by Defendant EMUPD with little to no assistance from the victim.

Further, charges can still be submitted to the local prosecuting agency to determine

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whether further investigation is required. The decision to investigate is ultimately

discretionary. Whether a victim wishes to pursue criminal charges neither impacts

nor prohibits proper investigation by Defendants into sexual assaults.

ANSWER:

The University admits that there are circumstances under which EMUPD
is able to investigate allegations of sexual assault without the participation of
the victim, at least preliminarily. That is exactly what EMUPD did with respect
to Jane Doe 1. EMUPD opened an investigation as to whether Jane Doe 1 was
sexually assaulted by JD1 and JD2, which entailed, among other things
interviewing JD1 and JD2 (who claimed the sexual contact between them and
Jane Doe 1 was consensual) and attempting to contact Jane Doe 1 on numerous
occasions. The investigation began but failed to progress because, despite
repeated attempts to contact Jane Doe 1, Jane Doe 1 did not respond or
otherwise choose to participate in any investigation of JD1 or JD2 by EMUPD.

Except as so admitted, denied.

201. Defendant EMUPD started a criminal investigation into JANE DOE 1’s

boyfriend for allegedly publishing posts on social media about McWilliams and

Hernandez.

ANSWER:

Admitted in part and denied in part. The University admits that in or

about March or April 2018, EMUPD began investigating whether a certain
individual, who upon information and belief was Jane Doe 1’s roommate,
published posts on social media following a complaint with respect to the posts
made by JD1 and JD2. During that time, EMUPD also opened an investigation
as to whether a female (who was later identified as Jane Doe 1) was sexually
assaulted by JD1 and JD2. That investigation failed to progress because,
despite repeated attempts to contact Jane Doe 1, Jane Doe 1 did not respond or
otherwise choose to participate in any investigation of JD1 or JD2 by EMUPD.
Except as so admitted, denied.

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202. EMUPD Detective Susan McLennan (“McLennan”) was one of the

detectives assigned to the case against JANE DOE 1’s boyfriend.

ANSWER:

Admitted in part and denied in part. The University admits that in or

about March or April 2018, EMUPD Detective McLennan was assigned to
investigate certain social media posts concerning JD1 and JD2; however, she
was not the only EMUPD officer involved with this investigation. By way of
further response, EMUPD also began investigating the allegation that a female
(who was later identified as Jane Doe 1) was sexually assaulted by JD1 and JD2.
That investigation began but failed to progress because, despite repeated
attempts to contact Jane Doe 1, Jane Doe 1 did not respond or otherwise choose
to participate in any investigation by EMUPD. Except as so admitted, denied.

203. McLennan told the following to law enforcement: “Oh, does it involve

D’Angelo McWilliams, the deputy? Because I took that report where he is accused

of being a rapist and I had to get him out of it.”

ANSWER:

Denied. It is specifically denied that McLennan made the quoted

statement alleged in this paragraph or any statement to that effect. By way of
further response, the allegation that McLennan, or any other EMUPD
employee or agent, made efforts to “get [JD1] out of it” is categorically false.
EMUPD also opened an investigation as to whether Jane Doe 1 was sexually
assaulted by JD1 and JD2. That investigation began but failed to progress
because, despite repeated attempts to contact Jane Doe 1, Jane Doe 1 did not
respond or otherwise choose to participate in any investigation of JD1 or JD2
by EMUPD.

204. After being assigned to investigate JANE DOE 1’s boyfriend for

allegedly publishing material claiming McWilliams and Hernandez were rapists,

McLennan and EMUPD took very minimal steps to further investigate JANE DOE

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1’s rape knowing all the while that JANE DOE 1 was hesitant about speaking to

police.

ANSWER:

Denied. By way of further response, EMUPD engaged in a good-faith

investigation of the allegation that JD1 and JD2 had sexually assaulted Jane
Doe 1 within the limits of their ability in light of the fact that Jane Doe 1 chose
to not participate in any investigation or respond to outreach from EMUPD.

On or about March 27, 2018, EMUPD became aware of an alleged assault

by JD1 and JD2 through a report about social media posts concerning the
alleged assault. The victim of the alleged assault was not identified in the social
media posts, and Jane Doe 1 never reported her assault to EMUPD. EMUPD
later learned that the victim of the alleged assault was Jane Doe 1 and that
Werner had been in contact with Jane Doe 1 regarding the alleged assault.
Knowing Werner was in contact with Jane Doe 1, EMUPD requested that
Werner ask Jane Doe 1 if she would be willing to speak with EMUPD, and
Werner did so. On April 11, 2018, Detective McLennan spoke with Werner,
who indicated that she had urged Jane Doe 1 to speak EMUPD but that Jane
Doe 1 was unwilling to do so. In addition to asking Werner to encourage Jane
Doe 1 to speak with EMUPD, EMUPD attempted to contact Jane Doe 1 through
other means, including, inter alia, by calling her last-known phone number on
April 10, 2018 and leaving her a voicemail, calling her additional times on her
last-known phone number on April 18, April 19, April 22, and April 23, 2018,
and by traveling to the residence at which Jane Doe was believed to live on April
5, April 6, and April 10, 2018 (and on one occasion leaving a business card
there). Despite EMUPD’s diligent and good-faith efforts, Jane Doe 1 was
unresponsive and chose not participate in EMUPD’s investigation.

By way of further response, McLennan individually pursued a good-faith

investigation of the allegation that JD1 and JD2 had sexually assaulted Jane
Doe 1 by, among other things, interviewing JD1 and JD2 (who claimed the
sexual contact between them and Jane Doe 1 was consensual) and by attempting
to contact Jane Doe 1 on numerous occasions, including by calling Jane Doe 1
at her last-known phone number on April 10, 2018 and leaving her a voicemail,
traveling to the residence at which Jane Doe was believed to live on April 10,
2018 and leaving a business card in the door, and calling Jane Doe 1 again on
April 19, 2018.

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EMUPD knew, through Werner, that Jane Doe 1 was hesitant about
speaking with police. Moreover, each time that EMUPD called Jane Doe 1’s
last-known phone number after leaving her a voicemail on April 10, 2018, Jane
Doe 1’s phone number went straight to a busy signal, suggesting she was
declining their calls, that she had blocked their numbers, or that she had
disconnected her phone. Mindful of the fact that repeated contact for a victim
of sexual assault can have the effect of retraumatizing the victim, EMUPD
wanted to be respectful of Jane Doe 1’s choice not to pursue an investigation of
her alleged sexual assault and stopped attempting to contact her.

205. McLennan interviewed both McWilliams and Hernandez only as it

related to the social media posts allegedly published by JANE DOE 1’s boyfriend.

ANSWER:

Denied. By way of further response, when McLennan interviewed JD1

and JD2, she asked them not only about the social media posts concerning JD1
and JD2 but also about the alleged sexual encounter. JD1 and JD2 claimed that
the sexual contact with Jane Doe 1 was consensual. In order to further
investigate the allegations of sexual assault, EMUPD and McLennan attempted
to contact Jane Doe 1 through Werner of the Title IX Office and also by calling
Jane Doe 1’s last-known phone number on April 10, 2018 and leaving her a
voicemail, calling her additional times on her last-known phone number on
April 18, April 19, April 22, and April 23, 2018, and by going to the residence
at which she was believed to live on April 5, April 6, and April 10, 2018 (and on
one occasion leaving a business card there). Despite EMUPD’s diligent and
good-faith efforts, Jane Doe 1 was unresponsive and chose not participate in
EMUPD’s investigation.

206. McLennan discovered that sexual acts among McWilliams, Hernandez,

and JANE DOE 1 did, in fact, occur. However, McWilliams and Hernandez claimed

that the sexual acts were consensual.

ANSWER:

Admitted in part and denied in part. The University admits that JD1 and
JD2 told McLennan that the alleged sexual acts between and among Jane Doe

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1, JD2, and JD1 were consensual. The University denies the remainder of the
allegations of this paragraph as stated.

207. McLennan gave the following account of McWilliams and Hernandez:

“They seem truthful, but they’re frat boys. They seem to be generally concerned,

but . . . I know shit happens.”

ANSWER:

Denied. It is specifically denied that McLennan made the quoted

statement alleged in this paragraph.

208. McLennan knew JANE DOE 1’s residence, but failed to make contact

with JANE DOE 1 to investigate her alleged sexual assaults, which were crimes that

carry penalties of up to life in prison.

ANSWER:

Denied. By way of further response, the University incorporates its

response to paragraph 204.

209. After interviewing McWilliams and Hernandez, McLennan sought

criminal charges against JANE DOE 1’s boyfriend for allegedly publishing posts on

social media accusing McWilliams and Hernandez of rape.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegation that the individual referenced in this paragraph
was JANE DOE 1’s boyfriend and this allegation is therefore denied. The
University admits that EMUPD and McLennan investigated the social media
posts at issue concerning JD1 and JD2 and thereafter, per standard
investigatory practice, referred the matter to the prosecutor’s office, which
ultimately had the authority to decide whether to seek criminal charges against
the author of the social media posts. Except as so admitted, denied.
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210. McLennan never notified local law enforcement, YPD, about the

alleged gang rape of JANE DOE 1, which took place within YPD’s jurisdiction.

ANSWER:

Denied as stated. It is admitted that McLennan did not notify YPD of the
alleged assault of Jane Doe 1 by JD1 and JD2. It is specifically denied that
McLennan had any duty to make a report to YPD, particularly in the absence
of any communication from Jane Doe 1. Further, mindful of the fact that
repeated contact for a victim of sexual assault can have the effect of
retraumatizing the victim, EMUPD wanted to be respectful of Jane Doe 1’s
choice not to pursue an investigation of her alleged sexual assault. Except as so
admitted, denied.

211. McLennan and EMUPD had a duty to provide notice of JANE DOE 1’s

sexual assault to YPD, as the assault occurred within YPD’s jurisdiction.

ANSWER:

Denied. By way of further response, the University incorporates by

reference its response to paragraph 210.

212. In an effort to cover up JANE DOE 1’s sexual assault, McLennan stated

that even if information about sexual assault was conveyed to Defendant EMUPD

by a third party, they would not get involved unless the victim contacted law

enforcement. McLennan further stated that Defendant EMUPD “may or may not do

a generic report” in such cases, despite being mandated to do so under the Clery Act.

ANSWER:

Denied. By way of further response, the University denies the allegation

that McLennan and/or EMUPD were engaged in any effort to “cover up” Jane
Doe 1’s sexual assault. The University further denies that McLennan made the
quoted statement alleged in this paragraph or any statement to that effect.

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213. More information about the cover up of sexual assaults at EMU will be

found once law enforcement reviews their police reports regarding JANE DOE 1.

Upon reviewing the police report generated by Defendant EMUPD about JANE

DOE 1’s sexual assault, it is clear that the same is lacking critical information. For

instance, as it relates to JANE DOE 1, Defendant EMUPD neither entered standard

information nor followed protocol for entering sexual assault cases into a law

enforcement database such as CLEMIS. This, in turn, hindered and continues to

hinder efforts from another law enforcement agency to investigate sexual assaults in

relation to JANE DOE 1.

ANSWER:

Denied.

214. Defendant EMUPD focused on investigating JANE DOE 1’s boyfriend

and clearing McWilliams and Hernandez rather than pursuing other avenues to

investigate JANE DOE 1’s sexual assault knowing JANE DOE 1’s hesitancy of

speaking with police.

ANSWER:

Denied. By way of further response, the University incorporates by

reference its response to Paragraph 204.

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Mismanagement of Title IX by Defendant Melody Werner

215. Defendant Werner, on multiple occasions, discussed the assault on

JANE DOE 1 with Hernandez and McWilliams. However, contrary to the policy of

Title IX investigations, none of these discussions were either properly recorded or

memorialized.

ANSWER:

Admitted in part and denied in part. The University admits that Werner
met with JD2 and JD1 on at least one occasion and discussed the allegation that
JD2 and JD1 sexually assaulted Jane Doe 1. By way of further response,
Werner did not take “statements” from JD2 and JD1 because her role was not
to investigate allegations. Instead, her role was, among other things, to explain
the process of investigations to students who made a complaint of or were
accused of Title IX-related misconduct. In the event a complaining student
decided to move forward with an investigation, Werner would assign an
investigator to interview parties and witnesses for the purpose of gathering
facts relevant to the allegations. Werner’s role as Title IX Coordinator was not
to investigate, but was instead to provide support and information to all
students involved in the process. Except as so admitted, denied.

216. JANE DOE 1’s roommate called the Defendant Werner on multiple

occasions to inform her of the assault of JANE DOE 1. However, JANE DOE 1’s

roommate was rebuked by Defendant Werner, who told JANE DOE 1’s roommate

“you can’t report the assault. It must be the victim.” This rebuke directly contradicts

both Title IX policy and Defendant Werner’s admissions, which were advanced

during Defendant Werner’s orientation presentation explaining the Title IX policy,

as seen on YouTube.

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ANSWER:

Admitted in part and denied in part. The University admits that in 2018
Werner communicated with a student (who, upon information and belief, was
Jane Doe 1’s roommate at the time) (hereinafter the “roommate”) on a number
of occasions regarding the allegation that Jane Doe 1 had been sexually
assaulted by JD1 and JD2. The University admits that Werner told Jane Doe
1’s roommate that, in order to proceed with a Title IX investigation in Jane Doe
1’s particular case, the Title IX Office needed Jane Doe 1 to agree to move
forward with an investigation. The University denies that such a statement was
contrary to governing law, the University’s Title IX policy, and/or any of
Werner’s other statements. To the contrary, such a statement was consistent
with Sixth Circuit case law, which requires that a university provide an accused
student with an opportunity to cross-examine his/her accuser in the presence of
a neutral fact finder as part of a Title IX adjudication. See Doe v. Baum, 903
F.3d 575 (6th Cir. 2018); Doe v. Univ. of Cincinnati, 872 F.3d 393 (6th Cir. 2017).

Thus, with respect to the alleged assault of Jane Doe 1, the Title IX Office
could not proceed with an adjudication without the participation of Jane Doe 1
because, among other reasons, doing so would ultimately result in a proceeding
in which JD1 and JD2 could not be subject to a finding of a policy violation or
subject to discipline. In light of this, Werner’s statement to Jane Doe 1’s
roommate was entirely appropriate, as it was intended to inform Jane Doe 1’s
roommate of the Title IX Office’s inability to proceed with an investigation
without Jane Doe 1’s participation, and, in addition, intended to result in Jane
Doe 1’s roommate educating Jane Doe 1 on her options in light of her hesitance
to report her experience.

Except as so admitted, denied.

217. Once JANE DOE 1 met with Defendant Werner, Defendant Werner

told JANE DOE 1 that she had already spoken with the JANE DOE l’s alleged

attackers regarding her sexual assault. Defendant Werner further stated to JANE

DOE 1: “There is no point in reporting it. You’re going to have to go through all of

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this to report it. They’re in a fraternity. Greek community is going to back them

up.”

ANSWER:

Admitted in part and denied in part. The University admits only that
Werner met with Jane Doe 1 in or about March 2018. The remaining
allegations of this paragraph are denied. It is specifically denied that Werner
made the quoted statement alleged in this paragraph or any statement to that
effect. By way of further response, the allegation that Werner dissuaded or
discouraged Jane Doe 1 from pursuing a Title IX investigation and/or reporting
to the police is categorically wrong. The University further incorporates by
reference its response to paragraph 194.

218. In an effort to dissuade Jane Doe 1 from reporting the sexual assault,

Defendant Werner further explained to JANE DOE 1 that she would have to contact

the YPD herself, and that “no one is going to believe [her]” and “it’s not even worth

reporting.”

ANSWER:

Denied. It is specifically denied that Werner made the quoted statement

alleged in this paragraph or any statement to that effect. By way of further
response, the allegation that Werner dissuaded or discouraged Jane Doe 1 from
pursuing a Title IX investigation and/or reporting to the police is categorically
wrong. By way of further response, the University incorporates by reference
its response to paragraph 217.

219. Defendant Werner also stated to JANE DOE 1 that she would have to

explain-in detail-the events as they occurred the night JANE DOE 1 was sexually

assaulted. When JANE DOE 1 started to explain what happened, Defendant Werner

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continuously interrupted JANE DOE 1 and made comments such as “that’s not what

they said happened.”

ANSWER:

Admitted in part and denied in part. The University admits that when
Werner met with Jane Doe 1, Werner explained to Jane Doe 1 that, if she chose
to participate in a Title IX investigation, she would have to explain the details
surrounding the alleged sexual assault. The remaining allegations of the
paragraph are denied. It is specifically denied that Werner made the quoted
statement alleged in this paragraph or any statement to that effect. By way of
further response, the allegation that Werner dissuaded or discouraged Jane
Doe 1 from pursuing a Title IX investigation and/or reporting to the police is
categorically wrong. By way of further response, the University incorporates
by reference its response to paragraph 217.

220. After JANE DOE 1 finished telling her account of the sexual assault,

Defendant Werner explained that the Title IX department would not investigate

because the sexual assault happened off campus and that JANE DOE 1 would have

to contact YPD on her own. This assertion directly violates Defendant EMUPD’s

mandates and investigatory powers.

ANSWER:

Denied. By way of further response, the Title IX Office’s practice was to

investigate allegations of off-campus sexual assault if the alleged victim was
willing to participate in the investigation irrespective of whether such
investigation was required by Title IX. In this particular case, the Title IX
Office took reasonable steps to contact, support, and accommodate Jane Doe 1
following her roommate’s report of Jane Doe 1’s sexual assault, including by:
(1) reaching out to Jane Doe 1 on multiple occasions to provide her with
information, resources, and support; (2) meeting with Jane Doe 1;
(3) explaining to Jane Doe 1 her options of choosing to pursuing a Title IX
investigation and/or reporting the incident to the police; (4) assisting Jane Doe
1 with securing academic accommodations at the University; and (5) offering

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to connect Jane Doe 1 with the Special Victim’s Unit of EMUPD. See generally
Exhibit 1. After a number of instances of outreach by the Title IX Office, Jane
Doe 1 met with the Title IX Office. However, following her meeting with the
Title IX Office, Jane Doe 1 declined to participate in any Title IX investigation
and, likewise, did not report the incident to EMUPD, did not contact EMUPD,
and was not responsive to EMUPD’s outreach. See id.

221. Defendant Werner continued to say: “[t]hey’re [YPD] not gonna want

to deal with this. They’re [YPD] not gonna believe you. They’re [YPD] gonna

question everybody at the fraternity and the fraternity is gonna back these guys up.”

ANSWER:

Denied. It is specifically denied that Werner made the quoted statement

alleged in this paragraph or any statement to that effect. By way of further
response, the allegation that Werner dissuaded or discouraged Jane Doe 1 from
pursuing a Title IX investigation and/or reporting to the police is categorically
wrong. Much to the contrary, as the emails in Exhibit 1 clearly demonstrate,
Werner was focused on providing resources and support to Jane Doe 1, which
included inter alia the options of pursuing a Title IX investigation and/or
reporting the incident to the police. By way of further response, the University
incorporates by reference its response to paragraph 217.

Jane Doe 1 Faces Retaliation for Pursuing Title IX Investigation

222. JANE DOE 1 dropped out of EMU due to her sexual assault and the

fact that she was unable to receive help from Defendants.

ANSWER:

The University denies that Jane Doe 1 was unable to receive help from
the University. The University lacks sufficient knowledge or information to
form a belief as to the truth of the remaining allegations of this paragraph and
they are therefore denied.

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223. After being rebuked by Defendants Regents and EMU’s Title IX

department, JANE DOE 1 was forced to witness her boyfriend’s arrest by Defendant

EMUPD for speaking up against alleged rapists, McWilliams and Hernandez.

ANSWER:

The University denies the allegation that Jane Doe 1 was “rebuked by”
the University’s Title IX department. The University lacks sufficient
knowledge or information to form a belief as to the truth of the remaining
allegations of this paragraph and they are therefore denied.

224. JANE DOE 1’s boyfriend was, in fact, arrested for publishing notice of

McWilliams and Hernandez as rapists on social media.

ANSWER:

Admitted in part and denied in part. The University admits it is their

belief that Jane Doe 1’s boyfriend ultimately pled guilty to two misdemeanors
regarding posting of messages. The University lacks sufficient knowledge or
information to form a belief as to the truth of the remaining allegations of this
paragraph and they are therefore denied.

225. As a result of having her report of her sexual assault disregarded by

Defendant Regents, EMUPD, and EMU’s Title IX department, JANE DOE 1

engaged in self harm and developed severe depression and anxiety.

ANSWER:

The University denies the allegation that the University and/or its Title
IX Department “disregarded” any report of a sexual assault of Jane Doe 1. The
University lacks sufficient knowledge or information to form a belief as to the
truth of the remaining allegations of this paragraph and they are therefore
denied.

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226. JANE DOE 1 attempted to cope with her anxiety and depression

through substance abuse in hopes that the same would “numb” her existence.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

227. In September 2018, JANE DOE 1 attempted to take her own life and

was placed in a psychiatric hospital. Upon release in October 2018, JANE DOE 1

attempted suicide for a second time and was placed back into a psychiatric hospital.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

228. JANE DOE 1’s trauma stemmed from being physically raped, the utter

failure by Defendants to properly investigate JANE DOE 1’s sexual assault knowing

her reluctancy to speak to police, and being “mentally raped” by Defendants’

mismanagement, acts, and words.

ANSWER:

The University denies the allegation of “the utter failure by” the
University and/or the Individual EMU Defendants “to properly investigate
Jane Doe 1’s sexual assault.” The University further denies the allegation that
Jane Doe 1 was “mentally raped” by the “mismanagement, acts, and words” of
the University and/or the Individual EMU Defendants. The University lacks
sufficient knowledge or information to form a belief as to the truth of the
remaining allegations of this paragraph and they are therefore denied.

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JANE DOE 2

229. JANE DOE 2 enrolled at EMU in the Fall of 2013.

ANSWER:

The University admits that Jane Doe 2 first enrolled at EMU in the Fall
of 2013.

230. JANE DOE 2 met Durbin during the Fall Semester of 2014 when they

were enrolled in a mutual course.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Night of the Assault

231. Although JANE DOE 2 cannot recall the exact date of her sexual

assault, she knows that it occurred between March and early April 2016 when she

was invited to watch television and “hang out” with Durbin in his dormitory suite

located on EMU’s campus. JANE DOE 2 was let into the building by Durbin’s

roommate. Durbin’s dormitory suite consisted of a common living room, two

bedrooms, and a bathroom.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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232. JANE DOE 2 did not wish to have sex with Durbin when she went to

his dormitory suite.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

233. JANE DOE 2 and Durbin began kissing while they were alone in

Durbin’s common living room on a couch. Durbin thereafter removed both his and

JANE DOE 2’s clothes and proceeded to get on top of JANE DOE 2.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

234. Durbin then attempted to insert his penis into JANE DOE 2’s vagina,

at which point she told Durbin she was in pain and wanted him to stop.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

235. Durbin began forcefully penetrating JANE DOE 2’s vagina while

JANE DOE 2 demanded that he stop due to the pain he was causing her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

236. JANE DOE 2 continued to plead for Durbin to stop, during which time

Durbin fully inserted his erect penis into JANE DOE 2’s vagina.
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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

237. Durbin continued to penetrate JANE DOE 2 against her will,

“thrusting” more forcefully and transcript shortly more rapidly, causing JANE DOE

2 tremendous pain and agony.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

238. JANE DOE 2 continued to tell Durbin to stop as he continued to

forcefully penetrate her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

239. JANE DOE 2 felt “frozen” and could not move with Durbin on top of

her due largely to the significant size disparity between JANE DOE 2 and Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

240. When Durbin finally stopped penetrating JANE DOE 2, Durbin

allowed her to leave.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

241. JANE DOE 2 returned to her dormitory room and discovered her

vaginal area was very swollen and bleeding.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

242. Her vaginal area remained swollen and sore for several days after

Durbin’s brutal sexual assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

243. JANE DOE 2 later told two friends about her sexual assault, but without

much detail, as JANE DOE 2 was still trying to process the trauma of being raped.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

244. In July 2020, JANE DOE 2 saw a news report about Durbin’s arrest

and contacted YPD to provide the details of her assault by Durbin. JANE DOE 2

began to recall previously suppressed emotions and pain after seeing the news report

and after speaking to the police.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

245. JANE DOE 2 later testified against Durbin at his preliminary

examination held on October 13, 2020, in the 14A District Court before the

Honorable Cedric Simpson, case number 20F2-0926-FY.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Subsequent Contact and Actionable Harassment

246. Durbin continued to harass JANE DOE 2 through text messages, phone

calls, and other forms of electronic communication.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

247. For instance, Durbin texted JANE DOE 2 asking her to spend the night.

She refused.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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JANE DOE 3

248. JANE DOE 3 enrolled at EMU in August 2016.

ANSWER:

The University admits that Jane Doe 3’s first semester at EMU was in
Fall 2016.

249. JANE DOE 3 pledged at the sorority Sigma Kappa during her first

semester at EMU. As a result, JANE DOE 3 became friends with members of other

fraternities and sororities at EMU.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

250. On or about December 17, 2016, JANE DOE 3 met Durbin at a party

held at the Tau Kappa Epsilon (“TKE”) fraternity house. JANE DOE 3 did not know

Durbin before this event.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Night of the Assault

251. While at the TKE party, JANE DOE 3 consumed alcoholic beverages

to celebrate the end of final exams. Eventually, a friend drove JANE DOE 3 back

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to her dormitory where JANE DOE 3 removed her bra and underwear and changed

into a tee-shirt and athletic shorts.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

252. Sometime between midnight and 1:00 a.m., JANE DOE 3 received a

text message from Durbin asking if she wanted to attend an “after-party” at

Defendant ASP - Chapter’s fraternity house. JANE DOE 3 agreed. Durbin

subsequently picked up JANE DOE 3 from her dormitory while JANE DOE 3 was

still in her eveningwear. JANE DOE 3 expected the “after party” to be a relaxed

social gathering.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

253. JANE DOE 3 did not presume that Durbin wished to have sex with her

when he contacted her earlier that night, because it was common for JANE DOE 3

to be invited to “after parties” with other fraternities and sororities.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

254. JANE DOE 3 and Durbin arrived at Defendant ASP - Chapter’s

fraternity house and proceeded to walk through the parking lot located in the rear.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

255. While walking through the parking lot, JANE DOE 3 slipped on a patch

of ice and fell, severely smacking the back of her head on the pavement.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

256. JANE DOE 3 immediately felt a throbbing pain and asked Durbin to

take her back to her dormitory.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

257. Instead, Durbin brought JANE DOE 3 inside of Defendant ASP -

Chapter’s fraternity house. Durbin escorted JANE DOE 3 to a common living area

where other fraternity members and guests were conversing.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

258. JANE DOE 3 immediately asked some of the people who were present

to take her back to her dormitory, but no one could drive due to their intoxication.

JANE DOE 3 decided she could not walk home due to winter conditions and her

lack of proper attire to brave the weather.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

259. Durbin brought JANE DOE 3 into his bedroom.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

260. Durbin’s bedroom was located on the main floor of Defendant ASP -

Chapter’s fraternity house, down the hall from the common living area where the

fraternity members and guests gathered.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

261. JANE DOE 3 initially sat on Durbin’s bed. Durbin suggested she lay

down. JANE DOE 3’s head continued to throb in pain as she proceeded to lay on

Durbin’s bed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

262. Durbin then offered to put on a movie, to which JANE DOE 3 declined

and asked to instead be taken back to her dormitory.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

263. JANE DOE 3 repeated her request to leave at least four more times.

Durbin either disregarded or denied each of JANE DOE 3’s requests.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

264. JANE DOE 3 started crying.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

265. Durbin then put his arm around JANE DOE 3 and attempted to kiss her,

which JANE DOE 3 resisted.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

266. Durbin then placed one of his hands down JANE DOE 3’s athletic

shorts and groped her, putting his fingers between the folds of her vagina.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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267. JANE DOE 3, while uncontrollably sobbing, continued to verbally

resist Durbin’s advances.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

268. The entire sexual encounter between Durbin and JANE DOE 3 was

non-consensual.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

269. After JANE DOE 3 repeatedly told him to stop, Durbin forcefully

removed JANE DOE 3’s athletic shorts, exposing JANE DOE 3’s bare vagina and

buttocks. JANE DOE 3 continued to resist Durbin and demanded that he stop his

assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

270. Due largely to the injuries sustained from her fall in Defendant ASP -

Chapter’s parking lot, JANE DOE 3 ultimately felt powerless and unable to fight

back against Durbin, who was over twice her size.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
111
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271. After quickly removing his clothes, Durbin forcefully removed JANE

DOE 3’s shirt, exposing her bare breasts.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

272. Durbin held JANE DOE 3 down by her throat, physically choking her

as she laid fully nude and helpless.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

273. Durbin continued to assault JANE DOE 3 by penetrating her vagina

with his erect penis as JANE DOE 3 continued to resist and was uncontrollably

sobbing.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

274. The penetration was excruciatingly painful for JANE DOE 3. As

Durbin was vaginally penetrating her, he inserted two to three of his fingers into

JANE DOE 3’s anus, causing severe tears both vaginally and rectally. Durbin then

asked JANE DOE 3, “why are you so dry?”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
112
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275. By this time, JANE DOE 3 had told Durbin to stop approximately thirty

(30) to forty (40) times.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

276. Rather than stop, Durbin became angry, tightening his grip on JANE

DOE 3’s throat, choking JANE DOE 3 to the point where she could barely breathe.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

277. Durbin eventually stopped his sexual assault of JANE DOE 3 because

JANE DOE 3 was, in Durbin’s words, “too dry.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

278. Afterwards, JANE DOE 3 pleaded with Durbin to be taken back to her

dormitory, to which Durbin responded that he would take JANE DOE 3 back to her

dormitory only if she performed oral sex on him.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

279. JANE DOE 3 refused and told Durbin that she wanted to leave.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

280. Durbin then grabbed JANE DOE 3 by her head and forced his erect

penis in her mouth and down her throat to the point where JANE DOE 3 could barely

breathe. Durbin continued to assault JANE DOE 3 orally.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

281. After Durbin stopped sexually assaulting JANE DOE 3 for a second

time, JANE DOE 3 lost consciousness while laying naked on Durbin’s bed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

282. JANE DOE 3 awoke the next morning to Durbin trying to kiss her and

cuddle with her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

283. JANE DOE 3 immediately pushed Durbin away and demanded to be

taken back to her dormitory, at which time Durbin finally complied.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

284. As a result of her sexual assault by Durbin, JANE DOE 3 suffered

heavy bleeding from both her vagina and anus over the next several days as well as

minor bleeding and spotting during the remainder of that week.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

285. As with many rape victims:

a. JANE DOE 3 blamed herself for Durbin’s vicious sexual

assaults;

b. JANE DOE 3 did not believe that EMU and Defendants Regents

and EMUPD had created a protected environment for sexual

assault victims, as JANE DOE 3 had heard accounts of other

women that were raped and of EMU and Defendants Regents and

EMUPDs’ failure to provide aid, guidance, and protection to

these women.

c. When JANE DOE 3 told her sorority sisters about her sexual

assault, they exclaimed “welcome to the club - it happens to

everyone.”

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d. Following the sexual assaults, Plaintiff told members of

Defendant ASP - Chapter and DTD - Chapter in hopes that the

fraternity members would follow their fraternity’s bylaws and

regulations involving the mandatory reporting of sexual assaults

within their own fraternity and/or to EMU’s Title IX department

and Defendant Werner.

ANSWER:

The University denies the allegations of this paragraph to the extent that
they suggest that the University would not have responded if Jane Doe 3 had
reported her sexual assault to the University. To the contrary, the University
is, and has been, steadfast in its commitment to respond to reports of sexual
misconduct. The University takes all reports of sexual assault seriously. It
investigates and adjudicates all complaints of sexual misconduct that it is able
to based on the participation and information contributed by survivors. Just
as the University takes every report of sexual assault seriously, it also takes
seriously the wishes and rights of survivors who may not want to participate in
an investigation or adjudication that they feel may retraumatize them, or for
any other reason. In the most meaningful sense, a survivor choosing whether
to report guides the University’s response to their assault. Individual survivors
make choices about when to report based on their individual circumstances,
needs, and trauma. If they do report, it is their choice whether to move forward
with a formal process by participating in it.

The University lacks sufficient knowledge or information to form a belief

as to the truth of the remaining allegations of this paragraph and they are
therefore denied.

286. JANE DOE 3 was told by other female victims of sexual assault at

EMU that EMU, Defendant EMUPD, and/or Defendant Werner did not protect

victims of sexual assault.

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ANSWER:

The University lacks knowledge or information to form a belief as to the

truth of what Jane Doe 3 was told by other students; therefore, the allegations
of this paragraph are denied. By way of further response and to the contrary,
Werner chose to pursue a career focused on helping survivors. Her role was,
among other things, to respond to complaints of sexual assault and provide
complainants with general support and information about their options of
choosing to pursue a Title IX investigation and/or reporting the subject incident
to police or, if they chose, deciding not to pursue an investigation. In the event
that a complainant decided to move forward with a Title IX investigation,
Werner would assign an investigator to interview parties and witnesses.
Additionally, as Title IX Coordinator, it was Werner’s practice to explain to an
alleged victim of sexual assault the benefit of reporting an assault to the police
and creating a record of the victim’s account of the incident so that, if at some
point in the future the victim wanted to pursue criminal charges against the
assailant, the victim’s statement would already be on file with the police. It was
also Werner’s practice to offer to accompany such a person to the police station
to assist him/her with making such a report to the police. During her tenure as
Title IX Coordinator at the University, Werner acted diligently and tirelessly
to provide support, information, resources, and accommodations to victims of
sexual assault.

287. JANE DOE 3 ultimately reported her sexual assault to the YPD in or

around 2020 after JANE DOE 3 discovered that the YPD was investigating Durbin

and other members of Defendant ASP - Chapter for sexual assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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Subsequent Contact and Actionable Harassment

288. Durbin began repeatedly contacting JANE DOE 3 after the sexual

assaults. At one point, Durbin told JANE DOE 3 that he would have sex with her to

prove that “[JANE DOE 3] did want it the first time.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

289. Further harassment at the hands of Durbin continued as Durbin

electronically stalked JANE DOE 3 in an attempt to convince her that he did not

rape her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

290. As a result of her sexual assaults, JANE DOE 3 ultimately transferred

to another school in the spring semester. She could no longer tolerate crossing paths

with Durbin, who reminded JANE DOE 3 of the agonizing pain he caused her both

during the assaults and afterward while he was stalking her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

JANE DOE 4

291. JANE DOE 4 enrolled at EMU in September 2016.

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ANSWER:

The University admits that Jane Doe 4 first enrolled at EMU in the Fall
of 2016.

292. JANE DOE 4 met Durbin on the first day she moved onto EMU’s

campus in 2016. She and Durbin became social acquaintances and had various

degrees of social interactions during JANE DOE 4’s freshman and sophomore years.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Night of the Rape

293. On October 12, 2017, JANE DOE 4 was invited to a “Neon Party” at

EMU’s Delta Sigma Phi fraternity house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

294. JANE DOE 4 attended the Delta Sigma Phi party with two of her

friends, but was unfamiliar with nearly all of the other guests in attendance.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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295. JANE DOE 4 consumed alcohol during the event but did not feel overly

inebriated. At some point late in the evening, JANE DOE 4 became separated from

her two friends. It was at this point that JANE DOE 4 crossed paths with Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

296. JANE DOE 4 informed Durbin that she did not wish to remain at the

party. She and Durbin agreed to leave together.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
297. Durbin took JANE DOE 4 back to Defendant ASP – Chapter’s

fraternity house on Ballard Street and walked her up to his room.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

298. JANE DOE 4 was comfortable walking up to Durbin’s room because

the two had known each other for approximately 18 months.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

299. Once in Durbin’s room, JANE DOE 4 sat on Durbin’s bed and began

to play on her phone. Within moments, Durbin began removing JANE DOE 4’s

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clothes without her consent. The only two people in the room at the time were JANE

DOE 4 and Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
300. JANE DOE 4 distinctly recalls crying and verbally telling Durbin to

stop. She further informed Durbin that she was menstruating and was using a tampon

at the time.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
301. JANE DOE 4 recalls Durbin responding, “it doesn’t matter,” at which

point Durbin forcefully ripped the tampon out of JANE DOE 4’s vagina and threw

it on the floor across his room.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

302. JANE DOE 4 began sobbing uncontrollably and repeatedly demanded

that Durbin stop. Consistent with his modus operandi, Durbin ignored her demands.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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303. JANE DOE 4 continued to tell Durbin to stop, during which time

Durbin forcefully inserted his erect penis into JANE DOE 4’s bloody vagina.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
304. Durbin penetrated JANE DOE 4 against her will for approximately one

to two minutes and then stopped.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

305. JANE DOE 4, uncontrollably sobbing, repeatedly told Durbin to stop

his assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
306. JANE DOE 4 was unable to physically stop the assault, as she was

laying on her back while Durbin was on top of her with his arms held over her.

Moreover, JANE DOE 4 was further hindered from moving due to the significant

size disparity between her and Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

122
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307. Despite her pleas to stop, Durbin continued raping JANE DOE 4 for at

least two more minutes.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
308. Once Durbin finally stopped, JANE DOE 4 demanded that Durbin take

her home.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

309. Durbin rolled over, facing away from JANE DOE 4, and told JANE

DOE 4 to “find her clothes . . . and find your own way home.” JANE DOE 4 quickly

gathered her belongings and left Durbin’s room. JANE DOE 4 then texted a friend

and arranged for a ride to pick her up.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

310. Durbin’s sexual assault of JANE DOE 4 was painful both during and

after the forced penetration. In particular, JANE DOE 4 felt vaginal soreness for a

long period after the assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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311. After her assault, JANE DOE 4 was horrified and embarrassed and

confided in close friends.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
312. In or around the summer of 2020, YPD contacted JANE DOE 4 and

asked JANE DOE 4 to recount her sexual assault by Durbin. JANE DOE 4 agreed

and ultimately testified against Durbin on October 13, 2020, at the aforementioned

hearing at 14A District Court.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Subsequent Contact and Actionable Harassment

313. Approximately three weeks after her assault, Durbin sent a series of text

messages to JANE DOE 4 asking JANE DOE 4 why she was upset with him and

acknowledging that he ripped her tampon out of her vagina.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

314. Durbin likewise demanded that JANE DOE 4 stop telling people that

he sexually assaulted her.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

315. Durbin further explained to JANE DOE 4 that his fraternity brothers

were questioning him about JANE DOE 4’s sexual assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

316. Later, in 2018, JANE DOE 4 saw Durbin at a party at Defendant DTD

– Chapter’s fraternity house, at which point Durbin apologized and asked to take

JANE DOE 4 out to lunch. JANE DOE 4 rejected Durbin’s overture and walked

away.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

JANE DOE 5

317. JANE DOE 5 enrolled at EMU in the Fall of 2015.

ANSWER:

The University admits that Jane Doe 5’s first semester at EMU was Fall
of 2015.

318. During her first semester, JANE DOE 5 pledged at one of EMU’s

sororities, Delta Zeta.

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ANSWER:

The University admits that Jane Doe 5 pledged at Delta Zeta in the Fall
of 2015.

319. JANE DOE 5 and Durbin became social acquaintances and had some

social interactions during JANE DOE 5’s freshman year through EMU’s Greek

community.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Night of the Assault

320. In November 2015, JANE DOE 5 was invited to a party at Defendant

ASP – Chapter’s fraternity house where Durbin was present. JANE DOE 5 attended

ASP party with her friends and roommates.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

321. During the party, JANE DOE 5 went outside of Defendant ASP –

Chapter’s fraternity house to smoke a cigarette. Durbin followed her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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322. Durbin approached JANE DOE 5 while she was leaning against a small

sedan. Durbin stood over JANE DOE 5 and placed his hands on the sedan in a

manner such that JANE DOE 5 could not move away.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

323. Durbin began to beg JANE DOE 5 to allow him to come to JANE DOE

5’s dormitory along with her two roommates and two ASP fraternity members after

the party. JANE DOE 5 agreed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
324. Later, JANE DOE 5 left the party and walked back to her dormitory

with her two roommates, two ASP fraternity members, and Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

325. JANE DOE 5’s dormitory room was set up with a common living area,

two bedrooms, and a bathroom located in the suite.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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326. After returning to her dormitory room with Durbin, JANE DOE 5 and

Durbin moved to the common living area and began to kiss, which was consensual.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
327. Durbin then indicated that he wanted to have sex with JANE DOE 5.

JANE DOE 5 told Durbin that sex was not possible because she was on her period.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

328. Durbin immediately became annoyed with JANE DOE 5 and was upset

that JANE DOE 5 allowed him to come back to her dormitory while she was

menstruating.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

329. Durbin asked JANE DOE 5, “Why did you waste my time? Why did

you bother to invite me? And why did you not tell me about your period earlier?”

Durbin began audibly huffing, puffing, and grunting.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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330. As JANE DOE 5 and Durbin continued kissing in the living room,

Durbin kept pressuring JANE DOE 5 to have sex. JANE DOE 5 reiterated that she

did not want to have sex.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

331. Durbin suddenly picked up JANE DOE 5 “like a child,” lifting JANE

DOE 5 in the air and pressing her chest against his own. Durbin then brought JANE

DOE 5 to the bathroom and placed her down onto the counter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
332. Durbin turned on the shower and proceeded to kiss JANE DOE 5.

Durbin then began removing all of JANE DOE 5’s clothes.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

333. JANE DOE 5 tried to put her clothes back on while Durbin continued

taking them off. As JANE DOE 5 was physically pulling her sweater and shirt back

up in an attempt to re-dress herself, she told Durbin that she did not want to get into

the shower, remove her tampon, or have sex.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

334. Durbin continued to pressure JANE DOE 5 to get into the shower and

have sex. Durbin told JANE DOE 5 that “they needed to have sex” and that “it was

not a bad idea to have sex.” JANE DOE 5 again told Durbin that she neither wished

to get in the shower nor have sex.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

335. JANE DOE 5 was sitting on the counter of the bathroom–still unable to

leave–as Durbin stood in front of her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
336. After JANE DOE 5’s repeatedly and consistently denied Durbin’s

sexual advances, Durbin became upset, left the bathroom, and went into the living

room. JANE DOE 5 then left the bathroom and followed Durbin into the living room.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

337. As JANE DOE 5 and Durbin laid next to each other on Durbin’s living

room couch, JANE DOE 5 and Durbin proceeded to kiss.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

338. Durbin again tried removing JANE DOE 5’s clothes while they kissed

on the couch.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

339. Durbin then placed one of his hands down JANE DOE 5’s pants and

tried to digitally penetrate her. JANE DOE 5 could feel Durbin’s fingers on her

vagina. Durbin then pulled on JANE DOE 5’s tampon string. JANE DOE 5 slapped

Durbin’s hand away saying, “please no, no, no . . . I don’t want that.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
340. Again, Durbin became visibly upset and told JANE DOE 5 that it was

unfair to deny him sex. Durbin then accused JANE DOE 5 of lying to him and told

her that she “at least owed him oral sex.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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341. Out of fear, JANE DOE 5 reluctantly began performing oral sex on

Durbin. At the time, JANE DOE 5 believed that she was powerless against Durbin’s

sexual advances and feared that Durbin would not stop until he got what he wanted.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

342. While JANE DOE 5 performed oral sex, Durbin became forceful. He

put his hand on JANE DOE 5’s head “like palming a basketball.” He continued to

forcefully push JANE DOE 5’s head down onto his penis, causing her extreme pain

and discomfort. Throughout the assault, JANE DOE 5 was unable to move her head

away, despite several unsuccessful attempts.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
343. JANE DOE 5 wanted him to stop. She had told Durbin “no” at least 20

times that night. Durbin at some point stopped holding her head onto his penis. JANE

DOE 5 then curled up into a ball and fell asleep on the couch.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
344. Following the assault, JANE DOE 5 told her sorority sisters in Delta

Zeta that Durbin had raped her. Many members of JANE DOE 5’s sorority and

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others in EMU’s Greek community chose not to believe her. Ultimately, JANE DOE

5’s sexual assault was disregarded by many as being a “one-time thing.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
345. JANE DOE 5 was subsequently judged and ostracized by the Greek

community.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

346. JANE DOE 5 did not attend any fraternity events that included

Defendant ASP – Chapter or go anywhere she thought Durbin might be present.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
347. Like other Plaintiffs, JANE DOE 5’s sexual assault was ignored by

Defendants, as sexual assaults were commonplace within EMU’s Greek community.

ANSWER:

This allegation appears to be directed to defendants other than the

University; thus, the University lacks sufficient knowledge or information to
form a belief as to the truth of the allegations of this paragraph and they are
therefore denied. However, to the extent that this allegation is in any way
directed at the University, it is denied because Jane Doe 5 did not pursue any
investigation by the University’s Title IX Office of her alleged assault.

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348. In 2020, JANE DOE 5 contacted law enforcement about her sexual

assault after learning from a friend about another assault perpetrated by Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
By way of further response, it is specifically denied that Jane Doe 5 reported
any sexual assault to EMUPD.

349. JANE DOE 5 ultimately testified for the prosecution against Durbin at

the aforementioned preliminary hearing held in 14A District Court.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Subsequent Contact and Actionable Harassment

350. Durbin contacted JANE DOE 5 after learning that JANE DOE 5 had

talked about her sexual assault to other members of the EMU Greek community.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

351. Two months after her sexual assault, Durbin and JANE DOE 5

unknowingly enrolled in a class together. On the first day of the class, Durbin

intentionally sat directly behind JANE DOE 5. Throughout the semester, Durbin

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would breathe on JANE DOE 5’s neck, gaze at her, and touch her hair while she was

seated.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
352. JANE DOE 5 attended a sorority party where she felt safe and

comfortable with her sorority sisters. While walking up a stairwell, Durbin

approached her and put his arm out, blocking both the stairway and JANE DOE 5’s

path of escape.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
353. Durbin then told JANE DOE 5 that he heard JANE DOE 5 had been

talking to others about the sexual assault. Durbin apologized to JANE DOE 5 for

what she “thought” had happened and told JANE DOE 5 that he would never want

her to think that he had sexually assaulted her. Durbin refused to move away until

JANE DOE 5 verbally forgave him.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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354. Overcome with fear, JANE DOE 5 reluctantly accepted Durbin’s

apology. Durbin then forced JANE DOE 5 to give him a hug, after which he let her

leave.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

355. To this day, JANE DOE 5 continues to undergo counseling and is still

experiencing symptoms of post-traumatic stress disorder.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

JANE DOE 6
356. JANE DOE 6 enrolled at EMU in the Fall of 2016.

ANSWER:

The University admits that Jane Doe 6 first enrolled at EMU in the Fall
of 2016.

357. During her first semester, JANE DOE 6 pledged at one of EMU’s

sororities, Delta Zeta.

ANSWER:

Admitted upon information and belief.

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358. JANE DOE 6 and Durbin became acquaintances and had various

degrees of social interactions during JANE DOE 6’s freshman year through EMU’s

Greek community.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Night of the Assault

359. On or about April 8, 2017, JANE DOE 6 was invited to a registered

party at one of EMU’s fraternities, TKE.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
360. That same night, but before the TKE party, JANE DOE 6 had attended

a formal gathering with a member of EMU’s Delta Sigma Phi fraternity. JANE DOE

6 drank at the Delta Sigma Phi formal.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
361. In subsequent contact by Durbin to JANE DOE 6, Durbin admitted that

he drank alcohol and ingested narcotics the night of JANE DOE 6’s assault.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

362. After meeting Durbin at the TKE party, JANE DOE 6 went back to

Defendant ASP – Chapter’s fraternity house with Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

363. Upon arriving to Defendant ASP – Chapter’s fraternity house, Durbin

led JANE DOE 6 to his bedroom located on the main level of the house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

364. Once JANE DOE 6 walked inside his bedroom, Durbin locked the door.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

365. JANE DOE 6 had no intention of having sex with Durbin when she

went to Defendant ASP – Chapter’s fraternity house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
366. JANE DOE 6 and Durbin began kissing on the edge of Durbin’s bed

while JANE DOE 6 sat at the lower end of the bed with Durbin standing above her.
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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

367. Durbin abruptly stood up and pulled his pants and underwear down as

he stood over JANE DOE 6.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

368. JANE DOE 6 told Durbin she did not want to have sex with him and to

pull his pants back up.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

369. Durbin then leaned over JANE DOE 6, putting his hands on her

forearms, and held her down. Durbin tried to convince JANE DOE 6 to have sex,

saying, “Why come over if we’re not going to have sex? I could have invited

someone else over instead . . . Can we please have sex?” JANE DOE 6 expressly

rejected Durbin’s advances.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

370. Durbin, standing over JANE DOE 6, used his weight to hold her down.

JANE DOE 6 was unable to move her arms or legs.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

371. Durbin, while holding JANE DOE 6, used one hand to pull her pants

and underwear down. JANE DOE 6 immediately tried pulling her pants and

underwear back up. She was in shock and started telling Durbin to stop.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
372. JANE DOE 6 was unable to pull her pants and underwear back up as

Durbin put both hands back onto her arms, continuing to restrain JANE DOE 6 on

his bed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
373. Durbin continued kissing JANE DOE 6 despite her resistance. Durbin

then used his weight to hold JANE DOE 6 down on his bed. JANE DOE 6’s arms

began hurting as Durbin used his significant size advantage to restrain her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

374. Throughout the assault, JANE DOE 6 repeatedly told Durbin “no” and

“stop.”

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

375. Durbin then wedged one leg between JANE DOE 6’s legs and

attempted to forcibly insert his penis into JANE DOE 6’s vagina.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

376. JANE DOE 6 began to thrash her legs so that Durbin’s penis would not

enter her vagina.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

377. Durbin then continued to forcefully hold JANE DOE 6 down, but

harder than before.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
378. While prying JANE DOE 6 legs open, Durbin tried thrusting his penis

into her vagina.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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379. Durbin attempted to rape JANE DOE 6; she could feel his penis

touching her vagina as he tried to push and/or thrust it inside of her. She continued

to tell Durbin to “stop.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

380. Durbin got visibly frustrated with JANE DOE 6 because she would not

stop moving. He became visibly angry and raised his voice, upset that JANE DOE

6 was not complying. Durbin continued to touch his penis to her vagina in a thrusting

motion.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
381. JANE DOE 6 began to sob in disbelief while she laid in shock as Durbin

assaulted her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
382. After five to ten minutes of forced sexual assault, Durbin finally

stopped and stood up over JANE DOE 6.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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383. Durbin, clearly frustrated with JANE DOE 6, pushed her off the bed

with her pants and underwear still around her calf and ankle area.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
384. Angry with JANE DOE 6, Durbin told her “he would have invited

another girl home so he could have sex,” and that he “missed an opportunity for a

good night.” Durbin then called JANE DOE 6 a “prude.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
385. As JANE DOE 6 tried to stand up and pull her pants and underwear

back up, Durbin grabbed her by the arms and forced her to get back onto the bed

with him.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

386. JANE DOE 6 tried to leave and asked Durbin multiple times, “can I go

home?” Despite her pleas, Durbin forcefully held her down.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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387. Durbin then forced JANE DOE 6 to lay next to him in bed. Durbin tried

to cuddle with and kiss JANE DOE 6, but she refused. JANE DOE 6 tried to leave

multiple times, but Durbin’s grip would tighten every time she moved or asked to

go.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

388. After another five to ten minutes, JANE DOE 6 believed that Durbin

had fallen asleep and was able to leave Defendant ASP – Chapter’s fraternity house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
389. As she walked back to her dormitory, JANE DOE 6 called two sorority

sisters to pick her up.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

390. The following day April 9, 2017, JANE DOE 6 told three of her sorority

sisters about the sexual assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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391. JANE DOE 6 discussed the sexual assault by Durbin with her sorority

sisters and upperclassmen. JANE DOE 6 was convinced that nothing would happen

through Defendants’ Title IX office or Defendant EMUPD.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
By way of further response, Jane Doe 6’s beliefs that “nothing would happen”
were not reasonable. To the contrary, Werner, who was Title IX Coordinator
at the time, chose to pursue a career focused on helping survivors. Her role at
the University was, among other things, to respond to complaints of sexual
assault and provide complainants with general support and information about
their options of choosing to pursue a Title IX investigation and/or reporting to
police. In the event that a complainant decided to move forward with a Title
IX investigation, Werner would assign an investigator to interview parties and
witnesses. Had Jane Doe 6 reported her assault to the University’s Title IX
office and pursued a complaint, Werner would have assigned an investigator to
pursue Jane Doe 6’s allegations.

392. On April 11, 2017, JANE DOE 6 photographed bruising on her arms

from being held down by Durbin and reported the sexual assault by Durbin to an

executive board member of Delta Zeta.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
393. One of JANE DOE 6’s sorority sisters told other members of Delta Zeta

about JANE DOE 6’s assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
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394. Greek life members at EMU also convinced JANE DOE 6 into

believing nothing would happen if she reported her assault to EMU’s Title IX

department by telling JANE DOE 6 accounts of other students’ failed attempts at

pursuing Title IX investigations.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

395. JANE DOE 6’s name was now associated on campus with Durbin’s

name and the sexual assault. Many within EMU’s Greek community consoled JANE

DOE 6 but discouraged her from reporting the assault. However, others within

EMU’s Greek community bullied, harassed, ostracized, and judged JANE DOE 6.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
396. During the summer of 2017, after enduring the physical and mental

assault by Durbin and finding no place of refuge at EMU, JANE DOE 6

contemplated and prepared to commit suicide.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
397. Members of EMU’s Greek community and Durbin continued to spread

rumors about JANE DOE 6. This was a common tactic used by Durbin and other

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sexual predators. This tactic was known by Greek officials at EMU as well as

volunteers and student employees at EMU.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
398. JANE DOE 6 dropped out of Delta Zeta due to depression in April

2018, despite having to live at the Delta Zeta sorority house from September 2017

to May 2018.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
399. Although JANE DOE 6 reported her assault to several high-ranking

member of EMU’s Greek community who had a duty to report sexual misconduct

pursuant to the IFC bylaws and EMU Greek Life bylaws, she was never afforded

proper and reasonable Title IX protection as a victim of assault.

ANSWER:
Denied. The University denies the allegation that University’s Title IX
Office failed in any way to provide protection to Jane Doe 6. The University
further denies that it had notice of Jane Doe 6’s assault prior to late 2020. By
way of further response, once the University received notice, it contacted Jane
Doe 6 to offer support services. See Exhibit 2.

By way of further response, to the extent that the allegations of this

paragraph reference the contents of a written document, the content of that
document speaks for itself, and therefore any characterizations thereof are
denied. The University lacks sufficient knowledge or information to form a

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belief as to the truth of the remaining allegations of this paragraph and they are
therefore denied.
400. As with many rape victims, JANE DOE 6 blamed herself for Durbin’s

vicious sexual assault and believed she deserved what happened to her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

401. JANE DOE 6 did not believe that EMU and Defendants Regents and

EMUPD had created a protected environment for sexual assault victims, as JANE

DOE 6 had heard accounts of other women that were raped and of EMU and

Defendants Regents and EMUPDs’ failure to provide aid, guidance, and protection

to the same.

ANSWER:

The University denies the allegations of this paragraph to the extent that
they suggest that the University would not have responded if Jane Doe 6 had
reported her sexual assault to the University. To the contrary, the University
is, and has been, steadfast in its commitment to respond to reports of sexual
misconduct. The University takes all reports of sexual assault seriously. It
investigates and adjudicates all complaints of sexual misconduct that it is able
to based on the participation and information contributed by survivors. Just
as the University takes every report of sexual assault seriously, it also takes
seriously the wishes and rights of survivors who may not want to participate in
an investigation or adjudication that they feel may retraumatize them, or for
any other reason. In the most meaningful sense, a survivor choosing whether
to report guides the University’s response to their assault. Individual survivors
make choices about when to report based on their individual circumstances,
needs, and trauma. If they do report, it is their choice whether to move forward
with a formal process by participating in it.

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The University lacks sufficient knowledge or information to form a belief

as to the truth of the remaining allegations of this paragraph and they are
therefore denied.

402. Rather than Greek life keeping JANE DOE 6’s assault confidential,

there was a concerted effort by male fraternities to spread vicious rumors about

JANE DOE 6.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
403. In June 2020, JANE DOE 6 was contacted by law enforcement after

hearing of her assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

404. Based on a YPD investigation, Durbin has been charged and bound

over in circuit court to face charges of criminal sexual conduct in the first degree.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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Continuous Contact and Threats by Durbin

405. Durbin later contacted JANE DOE 6 via Snapchat. When JANE DOE

6 accused Durbin of sexual assault, Durbin told her that he had no recollection of the

prior night.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

406. Durbin then told JANE DOE 6 that he did not want to discuss the

assault over Snapchat and asked JANE DOE 6 to stop saving their messages.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

407. Durbin continued to contact JANE DOE 6 for weeks.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

408. Durbin began repeatedly apologizing to JANE DOE 6 and attempted to

manipulate JANE DOE 6 into thinking that “she took it the wrong way” and that

Durbin just liked being "rough."

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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409. Durbin made continuous contact and pressed for JANE DOE 6 to “un-

save” any messages regarding the assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

410. Durbin later contacted JANE DOE 6 via Snapchat to ask if she was

afraid of him, to which JANE DOE 6 replied “yes.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

411. In one of the contacts made by Durbin to JANE DOE 6, he became very

aggressive and demanded that JANE DOE 6 delete any messages or proof of the

sexual assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

412. In or around the summer of 2017, at a party where both JANE DOE 6

and Durbin were present, JANE DOE 6 was taken, by her sorority sisters and other

members of EMU’s Greek community, to a room where she was questioned about

her sexual assault. As JANE DOE 6 left the party sobbing and attempted to get into

her car, Durbin loudly proclaimed that JANE DOE 6 had lied about the assault.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

413. Durbin made contact with JANE DOE 6 on multiple occasions,

including at academic and social events. During these events, it became common for

Durbin to intimidate JANE DOE 6 so that she would not talk about the sexual

assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

414. One example of Durbin’s intimidation occurred while JANE DOE 6

was using the bathroom at Defendant ASP – Chapter’s fraternity house. Unbeknown

to JANE DOE 6, Durbin had been in a separate room where the toilet was located.

When JANE DOE 6 opened the door, she found Durbin waiting outside for her.

Durbin immediately stood over JANE DOE 6 and asked if they “were good.” JANE

DOE 6, in complete terror, said “yes” and attempted to leave. Durbin, not allowing

JANE DOE 6 to leave, repeated again and again “are we good?” After JANE DOE

6 answered “yes” again, Durbin finally allowed JANE DOE 6 to unlock the outside

door and leave.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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415. Such behavior by Durbin was continuous. Each time JANE DOE 6

came into contact with Durbin, he forced her to say that they “were good.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

416. JANE DOE 6 has suffered from and continues to suffer post-traumatic

stress disorder, depression, and anxiety and is undergoing counseling for the same.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Retaliation by Defendant Regents and EMU

417. On November 4, 2020, a member of Defendant Regents and EMU’s

Title IX department contacted JANE DOE 6 via email regarding sexual assault and

discrimination.

ANSWER:

Admitted that a member of EMU’s Title IX office contacted Jane Doe 6

via email on November 4, 2020 after the office received information that Jane
Doe 6 may have experienced conduct of concern. The email states that the
member of the Title IX office reached out to Jane Doe 6 to see if she was in need
of any help and support from the Title IX office. See Exhibit 2.

418. JANE DOE 6 graduated from EMU in December of 2020 with dreams

of becoming a prosecutor. Upon completing her bachelor’s degree, JANE DOE 6

prepared to take the Law School Admissions Test (“LSAT”) and apply to law school.
153
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ANSWER:

The University admits that Jane Doe 6 received her degree in December
2020. The University lacks sufficient knowledge or information to form a belief
as to the truth of the remaining allegations of this paragraph and they are
therefore denied.

419. When attempting to apply to law schools, JANE DOE 6 was stunned to

learn that Defendant Regents and EMU had restricted access to her transcripts under

the guise of “pending litigation.” JANE DOE 6’s transcripts were being held until

December 31, 2099. Defendants’ act of withholding JANE DOE 6’s transcripts

denied her the opportunity to excel based on her sexual assault. This act by

Defendants has, in essence, victimized JANE DOE 6 once again.

ANSWER:

Admitted in part and denied in part. It is denied Jane Doe 6’s transcripts
are being held currently or “until December 31, 2099.” The University admits
Jane Doe 6’s transcript was unintentionally held for a brief period after a
clerical error in the Registrar’s Office.

By way of further response, on or about December 11, 2020, counsel for

Jane Doe 6 informed the University that he would be pursuing legal claims
against the University on behalf of Jane Doe 6. In response to this notification
and consistent with its legal duties, the University implemented a legal hold to
preserve all evidence concerning Jane Doe 6 and her alleged sexual assault. An
individual at the University’s Office of Registrar misinterpreted the
University’s legal hold to mean that a hold should be placed on Jane Doe 6’s
access to her University transcript. Such holds are placed on student
transcripts from time to time for a variety of reasons and are not unusual. In
this instance, the hold was an error. The error, however, was made with no ill-
intent. The first instance in which the University was notified of this error was
when Plaintiffs filed their original civil complaint in the above-captioned
lawsuit on March 24, 2020. The very next day after learning of Jane Doe 6’s
allegations concerning her transcript in Plaintiffs’ March 24, 2020 civil

154
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complaint, the University emailed Jane Doe 6 to notify her that the hold on her
transcript was placed in error, that such hold had been removed, and that Jane
Doe 6 now had access to her transcript. See Exhibit 3. The time from notice to
the University of the error and its correction was less than 24 hours.

At no point prior to the filing of Plaintiffs’ original complaint did Jane

Doe 6 or her counsel alert the University that Jane Doe 6’s access to her
transcript had been restricted or otherwise provide the University with an
opportunity to correct its inadvertent error. If this issue had been urgent or
had caused any delays in Jane Doe 6’s ability to apply to law school, Jane Doe
6 could have notified the University of this issue or asked the University to
provide a reason for the restriction on her access to her transcript
contemporaneous with her inability to access the transcript. She did not do so.
Instead, Plaintiffs chose to wait until they filed a public lawsuit to apprise the
University of this error. As noted above, the University then removed the
restriction immediately upon receiving notice of the issue.
420. Defendant Regents and EMU knew the instant lawsuit was pending and

placed restrictions on access to JANE DOE 6’s transcript shortly thereafter. JANE

DOE 6’s transcripts were previously unrestricted so the restriction at issue cannot be

blamed upon any type of clerical error.

ANSWER:

Denied. By way of further response, the University incorporates its

response to paragraph 419.

421. The only pending litigation taking place at that time was the prosecution

by the state of Michigan against Durbin for sexually assaulting JANE DOE 6.

ANSWER:

The University admits that to its knowledge the only pending litigation
involving Jane Doe 6 at that time her transcript was inadvertently placed on
hold was the prosecution alleged in paragraph 421.

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422. As a result of Defendants Regents and EMU’s actions and betrayal,

JANE DOE 6 had to endure a set back of her dreams and is not able to advance her

career goals. This is to no fault of JANE DOE 6, a survivor of sexual assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

JANE DOE 7

423. Plaintiff JANE DOE 7 enrolled at EMU in the Fall of 2016.

ANSWER:

Admitted upon information and belief.

Night of the Rape

424. In February 2018, JANE DOE 7 went to Defendant ASP – Chapter’s

fraternity house with a friend for a small party.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

425. At the party, JANE DOE 7 consumed alcohol with friends and other

attendees as the night went on.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

156
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426. JANE DOE 7 also played fast-paced drinking games throughout the

night with members of ASP – Chapter. As a result, JANE DOE 7 was unable to

gauge the amount of alcohol she had consumed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

427. JANE DOE 7 became intoxicated to the point where she could no

longer walk or speak. She had trouble walking up the stairs to use the restroom and

struggled to maintain control of her body.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

428. After using the restroom, JANE DOE 7 ended up in Durbin’s room

located on the second level of Defendant ASP – Chapter’s fraternity house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

429. Due largely to her intoxication, JANE DOE 7 does not remember how

she got into Durbin’s bedroom that night.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

157
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430. Feeling nauseous, JANE DOE 7 eventually left Durbin’s room to throw

up in the bathroom across the hall. JANE DOE 7 tripped on her way to the restroom

as a result of her severe intoxication.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

431. JANE DOE 7 fell asleep on Durbin’s bed after returning to his room.

The next thing JANE DOE 7 remembered was Durbin spreading her legs apart while

she was laying helpless and intoxicated on his bed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

432. Durbin then inserted his penis in JANE DOE 7’s vagina. JANE DOE 7

was too intoxicated to resist or move away.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

433. The next thing JANE DOE 7 remembered was being on her stomach

and wanting to get up but being pushed back down onto her stomach by Durbin. She

tried to move but was helpless due to Durbin’s size and her level of intoxication.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
158
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434. JANE DOE 7 tried to get up multiple times but was pushed back down

as Durbin continued to rape her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

435. The next morning, JANE DOE 7 woke up in Durbin’s room but did not

remember anything past Durbin pushing her back down while he raped her. JANE

DOE 7 had no clothes on except for Durbin’s shirt. She then started to dress back

into her clothing.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

436. Prior to leaving Defendant ASP – Chapter’s premises, JANE DOE 7

noticed that she had bruises on her legs, inner thighs, and arms.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

437. Per protocol, JANE DOE 7’s assault by Durbin was reported to EMU’s

Title IX department in November 2018. Although her report was submitted

anonymously, her Title IX complaint against Durbin was never investigated and

subsequent rapes by Durbin took place.

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ANSWER:

Denied as stated. It is admitted that in November 2018, an anonymous

report was submitted via the University’s online Title IX reporting system. To
submit an anonymous report, a reporting party first navigates to the
University’s Title IX website and reporting page at
https://www.emich.edu/title-nine/reporting/index.php. See Exhibit 4. If the
person wishes to submit anonymously, the person must affirmatively choose to
click a checkbox that then removes identifying fields from the reporting form.
See Exhibit 5. The report identified in this paragraph was submitted
anonymously, with no information about who the reporting party was. See
Exhibit 6. Jane Doe 7 did not identify herself to the Title IX office at any later
date in order to obtain support or other services or indicate a willingness to
participate in an investigation. As a result, the University had no reporting
party from whom it could gather information related to the anonymous
complaint and no means to determine who the reporting party was, so no
meaningful adjudication could occur.

Additionally, under Sixth Circuit case law, a university must provide an

accused student with an opportunity to cross-examine his/her accuser in the
presence of a neutral fact finder as part of a Title IX adjudication. See Doe v.
Baum, 903 F.3d 575 (6th Cir. 2018); Doe v. Univ. of Cincinnati, 872 F.3d 393
(6th Cir. 2017). Thus, with respect to the alleged assault of Jane Doe 7, the Title
IX Office could not proceed with an adjudication without the participation of
Jane Doe 7 because, among other reasons, doing so would ultimately result in a
proceeding in which JD3 could not be subject to a finding of a policy violation
or subject to discipline.

Except as so admitted, denied.

438. Anonymity does not preclude further investigation into claims of sexual

assaults, and is, in fact, offered as an avenue for reporting the same to Title IX.

ANSWER:

The University admits if a report of sexual assault is initially made

anonymously, the fact does not per se preclude further inquiry into the report.

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However, at the time that the anonymous report was received in

November 2018, Sixth Circuit case law required that a university provide an
accused student with an opportunity to cross-examine their accuser in the
presence of a neutral fact finder as part of a Title IX adjudication. See Doe v.
Baum, 903 F.3d 575 (6th Cir. 2018); Doe v. Univ. of Cincinnati, 872 F.3d 393
(6th Cir. 2017).

Thus, with respect to the anonymous report, the Title IX Office could not
proceed with an adjudication without the participation of the anonymous
reporter (Jane Doe 7) because, among other reasons, doing so would ultimately
result in a proceeding in which JD3 could not be subject to a finding of a policy
violation or subject to discipline.

Except as so admitted, denied.

439. JANE DOE 7’s Title IX complaint explicitly stated “I don’t want him

[Durbin] to do this to other women.”

ANSWER:

It is admitted that Jane Doe 7’s anonymous Title IX report contained the
quoted language. Except as so admitted, denied.

440. In Summer 2020, JANE DOE 7 was contacted by law enforcement after

hearing of her assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

441. JANE DOE 7 ultimately testified for the prosecution against Durbin at

the aforementioned preliminary hearing held in 14A District Court.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
161
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442. JANE DOE 7 continues to undergo counseling and is still experiencing

symptoms of post-traumatic stress disorder, depression, and anxiety.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

JANE DOE 8

443. JANE DOE 8 enrolled at EMU in the fall of 2016.

ANSWER:

The University admits that Jane Doe 8’s first semester at EMU was Fall
2016.

444. During her second semester, JANE DOE 8 pledged at one of EMU’s

sororities, Delta Zeta.

ANSWER:

The University admits that Jane Doe 8 joined Delta Zeta during her
second semester at Eastern Michigan University.

445. JANE DOE 8 and Durbin became social acquaintances and had various

degrees of social interactions during JANE DOE 8’s freshman and sophomore year

through the EMU’s Greek community.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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Night of the Assault

446. On May 16, 2018, JANE DOE 8 received a Snapchat call from Durbin

asking her to come over that night to talk and “hang out.” JANE DOE 8 agreed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

447. JANE DOE 8 went to Durbin’s room and sat on his couch while Durbin

sat on the bed across from her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

448. Durbin then asked JANE DOE 8 to come over to the bed to sit with him

instead of sitting on the couch. JANE DOE 8 declined and told Durbin that she

preferred to stay on the couch.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

449. JANE DOE 8 and Durbin began conversing about a traffic ticket JANE

DOE 8 had received that night. Durbin eventually asked JANE DOE 8 again to come

to sit on the bed, which she ignored.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
163
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450. JANE DOE 8 continued the conversation before Durbin asked her to sit

on the bed for a third time, to which JANE DOE 8 again declined. At this point,

JANE DOE 8 noticed that Durbin had become visibly frustrated.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

451. Durbin then began speaking quietly in a manner that made it difficult

for JANE DOE 8 to hear him. JANE DOE 8 asked Durbin to speak up, but he

continued to whisper. JANE DOE 8 noticed Durbin’s growing frustration.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
452. Durbin once again asked JANE DOE 8 to move from the couch to the

bed so that she could hear him better. JANE DOE 8 complied.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

453. While sitting on the bed, Durbin made excuses to touch, nudge, and

grab JANE DOE 8's leg. JANE DOE 8 told Durbin that she was “not okay with that

[type of behavior]” and that she “did not come here for that [type of behavior].”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

164
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454. JANE DOE 8 sat roughly twelve (12) inches away from Durbin as they

began playing video games. Despite JANE DOE 8’s rejection of Durbin’s previous

advances, Durbin continued to inch his way closer to JANE DOE 8, telling her, “oh,

I don't bite.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

455. Durbin and JANE DOE 8 moved to the head of the bed to watch a

Netflix show. JANE DOE 8 sat with her back against the wall and Durbin laid

perpendicular to JANE DOE 8.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

456. Durbin repeatedly asked JANE DOE 8 to move next to him so that the

two could have a “deep talk.” JANE DOE 8 agreed to sit closer but did not lay down

next to Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

457. JANE DOE 8 and Durbin began conversing about the hardships Durbin

was facing in his family life.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

458. Durbin leaned in and attempted to kiss JANE DOE 8 on at least four

occasions during their conversation. JANE DOE 8 pulled away each time and told

Durbin, “I don’t want to do that.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

459. Durbin then forcefully grabbed JANE DOE 8’s hand and examined it

near his face. Durbin then pushed JANE DOE 8’s hand onto his groin area with his

pants still on and began to use his hand with JANE DOE 8’s hand underneath to

squeeze his penis. Durbin kept eye contact with JANE DOE 8 throughout. JANE

DOE 8 quickly retracted her hand and repeated to Durbin, “I don’t want to do that .

. . don’t do that.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

460. After JANE DOE 8 rejected his advance, Durbin sat in silence. JANE

DOE 8 then noticed Durbin becoming visibly angry.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
166
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461. Durbin quickly grabbed JANE DOE 8 and flipped her over, pulling her

legs out. Durbin then laid on top of JANE DOE 8, shifting his weight so that JANE

DOE 8 could not move from his hold.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

462. Durbin stuck his fingers down JANE DOE 8 throat, making it hard for

her to breathe as she tried to move her arms and legs.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

463. JANE DOE 8 was unable to speak with Durbin’s fingers down her

throat and felt like she was choking.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

464. JANE DOE 8 was pinned underneath Durbin’s legs as he straddled her.

JANE DOE 8 could not move her arms.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

167
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465. Durbin then sat up and moved his groin in front of JANE DOE 8’s face.

Durbin ripped down his pants and shoved his penis into JANE DOE 8’s mouth while

forcefully thrusting.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

466. JANE DOE 8 tried to fight back against Durbin, but he was too strong

and kept thrusting. Durbin continued to thrust his penis into JANE DOE 8’s mouth

making it even more difficult for her to breathe.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

467. Durbin then took his penis out of JANE DOE 8’s mouth to readjust.

JANE DOE 8 flipped over, trying to escape. Durbin grabbed JANE DOE 8, took

down her pants, and began touching her vagina over her underwear.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

468. Durbin tried to digitally penetrate JANE DOE 8’s vagina while

aggressively groping her over her underwear.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
168
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469. JANE DOE 8, still pinned down by Durbin, laid in shock as Durbin

stuck his fingers back into her mouth. JANE DOE 8 told Durbin, “I am on my period

- I don’t want to do anything” in an attempt to dissuade Durbin’s sexual desires.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

470. Durbin grabbed JANE DOE 8’s wrists, restraining them above her

head. Durbin stood up to crouch his groin in front of JANE DOE 8’s face, shoving

his penis back into her mouth. Durbin continued to thrust his penis forcefully into

JANE DOE 8’s mouth as she tried to escape.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

471. Durbin went to readjust his penis again. At this time, JANE DOE 8

rolled off the bed onto the floor and pulled her pants up. JANE DOE 8 asked, “why

did you do that? You knew I didn’t want to do that. I want to go home.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

472. Durbin then responded, “you didn’t let me finish.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
169
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473. JANE DOE 8 tried to collect her belongings while Durbin sat angrily.

As JANE DOE 8 was walking out of the room, Durbin told her “you better not tell

anyone about this. I’ll tell your ex-boyfriend it was consensual.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

474. Months later, JANE DOE 8 told two of her friends about what had

occurred. One of JANE DOE 8’s friends laughed it off, saying “oh, he's just being

aggressive.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

475. In June 2020, JANE DOE 8 contacted law enforcement and EMUPD

about her assault.

ANSWER:

Admitted in part and denied in part. It is admitted that on June 24, 2020,
Jane Doe 8 contacted EMUPD regarding her assault. Except as so admitted,
denied.

476. After reporting her assault to EMUPD in the summer of 2020 she was

told: “they had received numerous calls about Durbin assaulting women on campus.”

Yet EMU did not look further into any report about Durbin’s conduct until 2020.

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ANSWER:

Denied. It is specifically denied that EMUPD acted in any sort of delayed

fashion. By way of further response, Jane Doe 8 did not notify Defendant
EMUPD of her alleged sexual assault until June of 2020, over two years after
the alleged assault occurred. After learning of the alleged assault, EMUPD
promptly notified the Title IX Office. Upon notification of the alleged sexual
assault, the Title IX Office contacted Jane Doe 8 on July 7, 2020, July 31, 2020,
August 31, 2020, September 15, 2020, September 17, 2020, and September 18,
2020 in order to provide her with information, resources, and support. The
Title IX Office worked with Jane Doe 8 to schedule a meeting with her for
September 23, 2020; however, Jane Doe 8 did not ultimately attend her
scheduled meeting with the Title IX Office.

477. JANE DOE 8 spoke to YPD and EMUPD about her assault.

ANSWER:

Admitted in part and denied in part. It is admitted that on June 24, 2020,
Jane Doe 8 contacted EMUPD regarding her assault. Except as so admitted,
denied.

478. JANE DOE 8 ultimately testified for the prosecution against Durbin at

the aforementioned preliminary hearing held in 14A District Court.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Subsequent Contact and Actionable Harassment

479. Durbin told JANE DOE 8 not to tell anyone of the assault and that if

she told anyone about the assault, he would say it was consensual and it was “his

words against hers.”

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

480. Durbin approached JANE DOE 8 at a party after the assault had

occurred. Durbin asked, “how she was doing.” At this point, JANE DOE 8 accused

Durbin of the assault by saying “you know what you did to me.” Durbin then looked

at JANE DOE-8 and told her that he had no idea what she was talking about.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

481. JANE DOE 8 continues to undergo counseling and is still experiencing

symptoms of post-traumatic stress disorder, depression, and anxiety.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

JANE DOE 9

482. JANE DOE 9 enrolled at EMU in the fall of 2016.

ANSWER:

The University admits that Jane Doe 9 first enrolled at EMU in the Fall
of 2016.

483. JANE DOE 9 did not personally know Durbin prior to her sexual

assault at his hands.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Night of First Assault

484. On September 2, 2018, JANE DOE 9 and two friends went to a party

at Defendant ASP – Chapter’s fraternity house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

485. When JANE DOE 9 and her friends arrived at the party, there were

approximately 20 other people present, including Defendant ASP – Chapter

fraternity members.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

486. JANE DOE 9 consumed alcoholic beverages with her friends and

decided to stay the night at Defendant ASP – Chapter’s fraternity house in Durbin’s

room.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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487. JANE DOE 9 was intoxicated but coherent and still aware of her

surroundings.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

488. JANE DOE 9, her two friends, and Durbin slept together on Durbin’s

bed. Durbin slept next to JANE DOE 9 on the end of the bed, opposite the wall.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

489. JANE DOE 9 did not intend to have any sexual encounters during her

time in Durbin’s room.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

490. JANE DOE 9 woke the next morning and found Durbin fondling and/or

squeezing her breasts with both hands. JANE DOE 9 was in shock and unable to

move as Durbin continued to squeeze her breasts.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

491. As she laid afraid and unsure of what to do, JANE DOE 9 could feel

Durbin intentionally breathing into her ear.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

492. Durbin then realized she was awake and moved his hands while rolling

over to the other side of the bed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

493. JANE DOE 9 then got up after a few moments of Durbin squeezing her

breasts and went to the bathroom to calm down and process what had just occurred.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

494. JANE DOE 9 then went downstairs to the living room and slept on the

couch. JANE DOE 9 was still in shock.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

495. Between September 2, 2018, and May 12, 2019, JANE DOE 9 and

Durbin remained acquaintances.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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Night of Second Assault

496. On May 12, 2019, JANE DOE 9 went to Defendant ASP – Chapter’s

fraternity house to drink alcohol with members of the fraternity. While at the

fraternity house, JANE DOE 9 drank more than half of a bottle of wine.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

497. JANE DOE 9 then received a Snapchat from Durbin asking for her to

come to his room located on the second level of Defendant ASP – Chapter’s

fraternity house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

498. JANE DOE 9 entered Durbin’s room and sat on the couch. The two

watched YouTube videos while Durbin sat on his bed across from JANE DOE 9.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

499. Durbin told JANE DOE 9 to finish her bottle of wine and come over to

his bed. JANE DOE 9 complied.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
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500. Durbin then put his arm around JANE DOE 9 and started to rub one of

his hands up and down the side of JANE DOE 9’s body.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

501. Durbin began to touch the band of JANE DOE 9’s underwear and bra

as they sat together on Durbin’s bed. JANE DOE 9 then told Durbin that she was

tired and wanted to sleep.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

502. JANE DOE 9 moved to Durbin’s couch and asked if it was okay if she

slept on the couch instead of sharing his bed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

503. Durbin began arguing with JANE DOE 9 and told her it was “wrong

for him to allow her to sleep on the couch . . . he wouldn’t tell anyone . . .no one

would know.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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504. Durbin ultimately convinced JANE DOE 9 to sleep in his bed with him

despite JANE DOE 9’s expressed concerns of being uncomfortable.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

505. JANE DOE 9 did not want any sexual contact with Durbin when she

went to bed. She just wanted to sleep.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

506. JANE DOE 9 moved to the inside of Durbin’s bed toward the wall and

started to fall asleep. She was awakened by Durbin asking if they could “cuddle”

since he was “having issues with his girlfriend at the time,” to which JANE DOE 9

replied “no.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

507. JANE DOE 9 fell asleep again and woke to Durbin violently pinching

her nipples. JANE DOE 9 quickly moved away and created more space between

herself and Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
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508. After the incident, JANE DOE 9 began to fall asleep again because she

was tired and intoxicated.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

509. JANE DOE 9 later awoke to Durbin biting her neck above the

collarbone. She did not move and continued to lay there shocked and uncomfortable.

Durbin bit JANE DOE 9’s collarbone area two times, which hurt JANE DOE 9.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

510. JANE DOE 9 shifted away again, creating a larger gap between her and

Durbin, and then flipped onto her stomach.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

511. Durbin woke JANE DOE 9 again, asking if she wanted a back massage.

JANE DOE 9 did not respond. Durbin then lifted JANE DOE 9’s shirt and began

rubbing her back with lotion.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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512. Durbin straddled JANE DOE 9’s hips as he rubbed her back. After

Durbin had finished massaging JANE DOE 9, she fell asleep and never said a word,

due largely to her shock.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Mystic Circle
513. Defendant ASP – Chapter’s fraternity members subsequently held a

meeting referred to as the “Mystic Circle” in which JANE DOE 9 reported what had

occurred between her and Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

514. The “Mystic Circle” is considered a judgment-free zone where

members of the fraternity are able to confide without fear of revelation, retribution

and/or judgment.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

515. JANE DOE 9 asked the president of Defendant ASP – Chapter to hold

the “Mystic Circle” so that she could tell the other fraternity members what their

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friend and brother, Durbin, had done. JANE DOE 9 believed that the “Mystic Circle”

would function as an avenue to report her sexual assaults.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
By way of further response, it is specifically denied that a “Mystic Circle” is a
means of reporting a sexual assault to the University, and it is not a reasonable
belief to think so based on the University’s policies.

516. JANE DOE 9 explained to members of Defendant ASP – Chapter that

Durbin had sexually assaulted her on multiple occasions.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

517. JANE DOE 9 then went and sat in the middle of the room, in the dark,

at Defendant ASP – Chapter’s fraternity house and told her story. Afterward, a

fraternity member of Defendant ASP – Chapter told Durbin about the “Mystic

Circle” involving JANE DOE 9.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

518. Over the following weeks, many students learned of the

aforementioned “Mystic Circle” involving Durbin, including JANE DOE 9’s

boyfriend, who subsequently posted about Durbin’s actions on social media.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

519. JANE DOE 9’s boyfriend posted, on multiple social media platforms,

information about Durbin’s notorious sexual assaults at EMU.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

520. In or around June 2020, JANE DOE 9 was contacted by law

enforcement about her assault by Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

521. JANE DOE 9 ultimately testified for the prosecution against Durbin at

the aforementioned preliminary hearing held in 14A District Court.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Subsequent Contact and Actionable Harassment

522. After both assaults took place, Durbin would contact JANE DOE 9

asking her to remind him of what he had done. Durbin would repeatedly apologize

for the assault and ask JANE DOE 9 not to tell anyone else.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

523. Durbin continuously contacted JANE DOE 9 via phone calls and/or

electronic messages to see if she had told anyone else of the assaults.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

524. Durbin told JANE DOE 9 that he blamed her for his depression,

anxiety, and current relationship struggles.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

525. Durbin continued to “check-up” on JANE DOE 9 via Snapchat

messages, asking JANE DOE 9 “are we good? . . . are we okay?”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

526. JANE DOE 9 began to ignore Durbin’s messages when he spoke of the

assault, asking if she had told anyone.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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527. JANE DOE 9 continues to undergo counseling and is still experiencing

symptoms of post-traumatic stress disorder, depression, and anxiety.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

JANE DOE 10

528. JANE DOE 10 enrolled at Defendant University in the fall of 2016.

ANSWER:

The University admits that Jane Doe 10 first enrolled at EMU in the Fall
of 2016.

529. JANE DOE 10 and Durbin became social acquaintances through

several social interactions during JANE DOE 10’s college career at EMU.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Defendants’ Knowledge Prior to Jane Doe 10’s Assault

530. Defendants had notice that Durbin had sexually assaulted other victim

EMU students.

ANSWER:

Denied.

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531. Further, Defendants had notice of the excessive number of rapes and/or

sexual assaults occurring on EMU’s campus, both reported and unreported, which is

evidenced by Defendants’ report titled “Action Planning for IFC at EMU,” dated

December 19, 2018.

ANSWER:

Denied. By way of further response, to the extent that the allegations of

this paragraph reference the contents of a written document, the content of that
document speaks for itself, and therefore any characterizations thereof are
denied.

532. The president of IFC at the time of the aforementioned report was

Hernandez, who was the subject of an investigation for a sexual assault about which

Defendants were aware.

ANSWER:

Admitted in part and denied in part. The University admits that JD2 was
President of Interfraternity Council on December 19, 2018. JD2 served as the
President of the Interfraternity Council at EMU from January – December
2018. Except as so admitted, denied. By way of further response, JD2 had been
formerly reported by a friend of Jane Doe 1 as having engaged in a sexual
assault, but the University had been unable to investigate that matter because
Jane Doe 1 chose not to participate in any investigation process despite repeated
invitations to do so by the Title IX Office. By way of further response, the
University incorporates its responses to paragraphs 204 and 216. Except as so
admitted, denied.

533. Defendant Regents convened a special meeting on October 31, 2018,

to address the rise in sexual assaults on EMU’s campus and the root causes of the

assaults.

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ANSWER:

Denied.

534. Although Defendants knew about Durbin, they failed to use ordinary

care to protect future victims, including but not limited to JANE DOE 10, from a

serial rapist.

ANSWER:

Denied.

Night of First Assault

535. JANE DOE 10 went to Defendant ASP – Chapter’s fraternity house

while waiting for a friend with whom she was supposed to head home. JANE DOE

10’s friend failed to arrive. JANE DOE 10 decided to stay at Defendant ASP –

Chapter’s fraternity house to hang out with Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

536. JANE DOE 10 went to Durbin’s room. Upon entering and sitting on

Durbin’s couch, Durbin insisted that JANE DOE 10 move from the couch to his bed.

JANE DOE 10 agreed and moved to Durbin’s bed, placing her back against the wall.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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537. Durbin then confessed to JANE DOE 10 that he wanted to cheat on his

girlfriend with JANE DOE 10 and other women. In response, JANE DOE 10 told

Durbin “don’t cheat on your girlfriend . . . she’s pretty . . . she’s a nice girl.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

538. Durbin then told JANE DOE 10 that she had to keep his secret and that

in order to do so, she had to kiss him. JANE DOE 10 told Durbin “no.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

539. Durbin persisted, reiterating to JANE DOE 10 that she had to kiss him,

to which JANE DOE 10 responded “no” several more times.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

540. Durbin then grabbed JANE DOE 10 by her shoulders, pushing her

down onto the bed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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541. Durbin mounted himself on top of JANE DOE 10 to the point where

she could not move as Durbin held her down. JANE DOE 10 told Durbin “no . . .

we don’t have to do this . . . I won’t tell anyone.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

542. Durbin then began forcefully kissing JANE DOE 10 as she tried to push

him off of her. At this point, JANE DOE 10 was terrified of Durbin.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

543. JANE DOE 10 continued to tell Durbin to stop and repeated that she

wouldn’t tell anyone, but Durbin continued the sexual assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

544. Durbin grabbed JANE DOE 10's breasts as he fondled and/or groped

them with one of his hands. As Durbin continued to hold her down, JANE DOE 10

fought back in an effort to get him off her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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545. Durbin then grabbed JANE DOE 10’s shirt and lifted it to take a picture

of her bare breasts. JANE DOE 10 laid in shock, scared that Durbin would do

something if she told him “no.” JANE DOE 10 has a tattoo below her breast making

the image identifiable to her and her closest friends.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

546. Durbin took a picture of JANE DOE 10’s bare breasts and told JANE

DOE 10 that he would use the image as blackmail if she spoke of the sexual assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

547. JANE DOE 10 agreed to not speak out of what happened and left

Durbin’s room. She was terrified at the thought that her nude image would be

disseminated by Durbin throughout EMU’s campus.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

548. JANE DOE 10 maintained contact with Durbin following the first

assault in fear that he would distribute the image.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
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Night of Second Assault

549. Due to a fight with her roommates, JANE DOE 10 stayed at Defendant

ASP – Chapter’s fraternity house on March 30, 2019.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

550. JANE DOE 10 stayed in her boyfriend’s room located on the first level

of Defendant ASP – Chapter’s fraternity house. JANE DOE 10’s boyfriend was out

of town and let her use his room while he was away.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

551. Durbin contacted JANE DOE 10 via Snapchat, telling JANE DOE 10

that he was coming to her boyfriend’s room.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

552. Durbin came into JANE DOE 10’s boyfriend’s room and asked if she

told anyone about her sexual assault on December 8, 2018. JANE DOE 10 told

Durbin that she hadn’t told anyone.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
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553. Durbin then sat down on the bed next to JANE DOE 10. As they talked,

Durbin continued to inch closer to JANE DOE 10 while consistently asking if she

had told any one of her sexual assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

554. Durbin suddenly grabbed JANE DOE 10 by her shoulders and pushed

her down onto the bed. Durbin began kissing JANE DOE 10 as she tried to push him

off while pleading for him to stop.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

555. Durbin put his hands inside of JANE DOE 10’s pants and inserted his

fingers in her vagina. JANE DOE 10 immediately told Durbin “stop . . . I don’t want

to do this.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

556. JANE DOE 10 told Durbin to stop multiple times while he was sexually

assaulting her. She tried pushing Durbin’s shoulders to move him off of her, but

JANE DOE 10 did not want to upset Durbin out of fear that he would become even

more aggressive.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

557. Durbin stopped after JANE DOE 10 was finally able to push him off of

her. Durbin left the room to go upstairs, telling JANE DOE 10 that he would come

back down.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

558. JANE DOE 10 locked and dead-bolted the door after Durbin left.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

559. JANE DOE 10 went into the bathroom located within the locked

bedroom and noticed she was bleeding vaginally from Durbin’s violent sexual

assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

560. JANE DOE 10 then heard Durbin coming back downstairs for a second

time.

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ANSWER:
The University lacks sufficient knowledge or information to form a belief
as to the truth of the allegations of this paragraph and they are therefore denied.

561. After he arrived at the locked room, Durbin persistently knocked on the

door. Durbin then proceeded to send Snapchat messages to JANE DOE 10, of which

JANE DOE 10 did not respond. After several minutes, Durbin finally left and went

back upstairs.

ANSWER:
The University lacks sufficient knowledge or information to form a belief
as to the truth of the allegations of this paragraph and they are therefore denied.

562. In July 2020, JANE DOE 10 was contacted by law enforcement about

her sexual assault by Durbin.

ANSWER:
The University lacks sufficient knowledge or information to form a belief
as to the truth of the allegations of this paragraph and they are therefore denied.

563. JANE DOE 10 ultimately testified for the prosecution against Durbin

at the aforementioned preliminary hearing held in 14A District Court.

ANSWER:
The University lacks sufficient knowledge or information to form a belief
as to the truth of the allegations of this paragraph and they are therefore denied.

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Retaliation by Defendant Regents and EMU

564. JANE DOE 10 had aspirations of continuing her education after

graduation. Although her grades had dropped following her sexual assault, she still

carried over a “B” average from EMU.

ANSWER:
The University admits that Jane Doe 10 graduated with a “B” average
from EMU. The University lacks sufficient knowledge or information to form
a belief as to the truth of the remaining allegations of this paragraph and they
are therefore denied.

565. After applying to graduate school, JANE DOE 10 learned that her EMU

transcripts were being withheld by Defendant Regents and EMU due to “pending

litigation.” Defendants’ acts of withholding JANE DOE 10’s transcripts denied her

the opportunity to excel based on her sexual assault. The only pending litigation was

the criminal prosecution of Durbin by the State of Michigan. This act by Defendants

has, in essence, victimized JANE DOE 10 once again.

ANSWER:
Admitted in part and denied in part. It is denied Jane Doe 10’s transcript
is being held currently. The University admits Jane Doe 10’s transcript was
unintentionally held for a brief period after a clerical error in the Registrar’s
Office. The University admits that to its knowledge the only pending litigation
involving Jane Doe 10 at that time her transcript was inadvertently placed on
hold was the prosecution alleged in paragraph 565.

By way of further response, on or about December 11, 2020, counsel for

Jane Doe 10 informed the University that he would be pursuing legal claims
against the University on behalf of Jane Doe 10. In response to this notification
and consistent with its legal duties, the University implemented a legal hold to
preserve all evidence concerning Jane Doe 10 and her alleged sexual assault.
An individual at the University’s Office of Registrar misinterpreted the
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University’s legal hold to mean that a hold should be placed on Jane Doe 10’s
access to her University transcript. Such holds are placed on student
transcripts from time to time for a variety of reasons and are not unusual. In
this instance, however, the hold was an error. The error, however, was made
with no ill-intent. The first instance in which the University was notified of this
error was when Plaintiffs filed their original civil complaint in the above-
captioned lawsuit on March 24, 2020. The very next day after learning of Jane
Doe 10’s allegations concerning her transcript in Plaintiffs’ March 24, 2020 civil
complaint, the University emailed Jane Doe 10 to notify her that the hold on
her transcript was placed in error, that such hold had been removed, and that
Jane Doe 10 now had access to her transcript. See Exhibit 7. The time from
notice to the University of the error and its correction was less than 24 hours.

At no point prior to the filing of Plaintiffs’ original complaint did Jane

Doe 10 or her counsel alert the University that Jane Doe 10’s access to her
transcript had been restricted or otherwise provide the University with an
opportunity to correct its inadvertent error. If this issue had been urgent or
had caused any delays in Jane Doe 10’s ability to apply to graduate school, Jane
Doe 10 could have notified the University of this issue or asked the University
to provide a reason for the restriction on her access to her transcript
contemporaneous with her inability to access the transcript. She did not do so.
Instead, Plaintiffs chose to wait until they filed a public lawsuit to apprise the
University of this error. As noted above, the University then removed the
restriction immediately upon receiving notice of the issue.

566. Defendant Regents and EMU knew the instant lawsuit was pending and

placed restrictions on JANE DOE 10’s transcript access shortly thereafter. JANE

DOE 10’s transcripts were previously unrestricted so the restriction at issue cannot

be blamed upon any type of clerical error.

ANSWER:

Denied. By way of further response, the University incorporates its

response to paragraph 565.

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567. By retaliatorily restricting JANE DOE 10’s access to her transcripts,

Defendant Regents and EMU prevented JANE DOE 10 from being admitted into

graduate school in the fall of 2021.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Subsequent Contact and Actionable Harassment

568. Durbin messaged JANE DOE 10 days after the second assault insisting

“you’re not going to tell anyone right . . . no one is going to believe you.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

569. JANE DOE 10 was threatened, intimidated, and blackmailed by Durbin

to keep quiet of her assault. Durbin consistently told her that “it was his word against

hers” and reminded JANE DOE 10 that he had a nude photograph of her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

570. Furthermore, JANE DOE 10 was told by others that nothing would

happen unless she had other evidence besides her word, which is consistent with the

actions of Defendant Werner with the other plaintiffs.

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ANSWER:

The University denies the allegations of this paragraph to the extent that
they suggest that “nothing would happen” by involving the University’s Title
IX Office. To the contrary, Werner, who was Title IX Coordinator at the time,
chose to pursue a career focused on helping survivors. Her role at the
University was, among other things, to respond to complaints of sexual assault
and provide complainants with general support and information about their
options of choosing to pursue a Title IX investigation and/or reporting to police.
In the event that a complainant decided to move forward with a Title IX
investigation, Werner would assign an investigator to interview parties and
witnesses. Had Jane Doe 10 reported her assault to the University’s Title IX
office and pursued a complaint, Werner would have assigned an investigator to
pursue Jane Doe 10’s allegations. The University lacks sufficient knowledge or
information to form a belief as to the truth of the remaining allegations of this
paragraph and they are therefore denied.

571. JANE DOE 10 continues to undergo counseling and is still

experiencing symptoms of post-traumatic stress disorder, depression, and anxiety.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

JANE DOE 11
572. JANE DOE 11 enrolled at EMU in the fall of 2016.

ANSWER:

The University admits that Jane Doe 11’s first semester at EMU was Fall
2016.
573. JANE DOE 11 met Sutton for the first time the night of October 9,

2016. JANE DOE 11 had never previously come into contact with Sutton prior to

her sexual assault.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Night of the Assault

574. On October 10, 2016, JANE DOE 11 was at her dormitory, which was

located in Putnam Hall on EMU’s campus.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

575. JANE DOE 11’s suitemate invited her boyfriend and Sutton over to her

and JANE DOE 11’s dormitory room, where the four watched the movie “The Sound

of Music.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

576. JANE DOE 11 was on a bed with Sutton during the movie. Her

suitemate and her suitemate’s boyfriend were watching across the room on a separate

bed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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577. JANE DOE 11 only wanted to cuddle during the movie and did not

want any sexual relations with Sutton.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

578. After the movie ended, JANE DOE 11’s suitemate and suitemate’s

boyfriend fell asleep, leaving JANE DOE 11 and Sutton awake together on the

opposite bed. At the time, both JANE DOE 11 and Sutton were fully clothed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

579. JANE DOE 11 and Sutton began “making out” on the bed and

“cuddling” consensually. After a short amount of time Sutton rolled over on top of

JANE DOE 11 and asked, “are we going to do this?”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

580. JANE DOE 11 told Sutton “no . . .no” to having sexual intercourse

while pushing Sutton away.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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581. Sutton then forced JANE DOE 11’s hand down onto his penis. JANE

DOE 11 could tell Sutton had an erection that she could feel over his clothing.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

582. Sutton dropped his shorts while in the bed with JANE DOE 11. He then

grabbed JANE DOE 11’s head and pushed her down onto his groin area and penis.

Sutton forced JANE DOE 11 to perform oral sex; it lasted several minutes.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

583. Sutton then attempted to vaginally rape JANE DOE 11, who

immediately started sobbing and stating “no.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

584. JANE DOE 11 was then physically forced by Sutton to perform oral

sex again.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

585. After the assault JANE DOE 11 left her suite-mate’s dorm and walked

into her room through the shared bathroom.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

586. JANE DOE 11 woke up her roommate to tell her what had occurred.

Shortly after they heard Sutton getting out of the bed and making his way into the

bathroom.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

587. Both JANE DOE 11 and her roommate were able to lock the door

leading into their dorm room.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

588. JANE DOE 11 did not return to her suite-mate’s dorm until the

following day. Sutton was gone the next morning but neither her suite mate nor her

boyfriend was present.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

589. JANE DOE 11 reported the assault to Defendant EMUPD, Officer John

E. Phillips, on December 11, 2016. Officer John E. Phillips told JANE DOE 11 that

“nothing would happen” regarding a prosecution because it was too late.

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ANSWER:
Admitted in part and denied in part. The University admits that Jane
Doe 11 met with Officer John E. Phillips on December 11, 2016. The University
denies the remaining allegations of this paragraph. It is specifically denied that
Officer Phillips made the quoted statement above or one to that effect, which
runs completely counter to EMUPD training and practice. By way of further
response, and to the contrary, Jane Doe 11 specifically instructed EMUPD that
she did not wish to pursue a criminal investigation, and instead wished only to
file a police report and speak with support services at the University. Except
as so admitted, denied.

590. The officer in charge of JANE DOE 11’s case did not make any attempt

to contact witnesses to her assault.

ANSWER:

Denied as stated. By way of further response, after Jane Doe 11 provided

her statement to Officer Phillips, an EMUPD investigator was assigned to Jane
Doe 11’s case. That investigator did contact and speak with witnesses about
Jane Doe 11’s allegations. Except as so admitted, denied.

591. JANE DOE 11 also reported the assault to Defendant Werner and gave

notice that Sutton was coming into contact with her, as his classes were next to each

other.

ANSWER:

Admitted in part and denied in part. The University admits that the
alleged assault of Jane Doe 11 was reported to the Title IX Office, but denies
that it was initially reported to the Title IX Office by Jane Doe 11. By way of
further response, EMUPD informed the Title IX Office of the alleged assault of
Jane Doe 11, in response to which the Title IX Office contacted Jane Doe 11 on
December 13, 2016, December 22, 2016, and January 12, 2017 to provide her
with information, resources, and support. See generally Exhibit 8. Jane Doe 11
eventually responded to Werner on or about January 25, 2017 after multiple
instances of Werner’s outreach. Werner and Jane Doe 11 scheduled a meeting
for January 31, 2017, but Jane Doe 11 did not appear for the meeting. On
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March 2, 2017, Werner emailed Jane Doe 11 again to check in on her. See
generally id. At some point thereafter when Jane Doe 11 chose to communicate
with Werner, she expressed to Werner a concern about the possibility of seeing
JD4 on campus. Werner explained to Jane Doe 11 that the Title IX Office could
issue a no-contact order to JD4, which would be a letter from the University
informing JD4 that he was to refrain from contacting Jane Doe 11 under
University policy. Jane Doe 11 requested that Werner issue such a no-contact
order to JD4, and Werner did so. See Exhibit 9. Werner provided Jane Doe 11
with a copy of the no-contact order issued to JD4 by email on March 15, 2017.
See Exhibit 10.
In addition to issuing a no-contact order to JD4, Werner provided
information to Jane Doe 11 about the possibility of pursuing a Title IX
investigation. Jane Doe 11 initially agreed to participate in a Title IX
investigation. Accordingly, the Title IX Office engaged an independent
investigator to investigate the allegations of the sexual assault. The independent
investigator contacted Jane Doe 11 multiple times to attempt to schedule a
meeting with her, but Jane Doe 11 was unresponsive. Werner reached out to
Jane Doe 11 on March 22, 2017 to let her know that the investigator had been
trying to reach her by email and to also let her know that the investigator would
be reaching out to her on her cell phone (which Werner had provided to the
investigator). See generally Exhibit 8. On March 28, 2017, Werner emailed
Jane Doe 11 to ask if she still wanted to move forward with the investigation.
See generally id. On April 4, 2017, Werner once again emailed Jane Doe 11 to
let her know that the investigator continued to have trouble scheduling a
meeting with her. See Exhibit 11. In that same email, Werner: (a) advised Jane
Doe 11 that there was not enough information to continue the Title IX
investigation without Jane Doe 11’s participation, (b) asked Jane Doe 11 to let
Werner know by the next day whether she wanted to continue with the
investigation, (c) advised Jane Doe 11 that if Werner did not hear from Jane
Doe 11 by the next day, Werner would close the investigation, and (d) reminded
Jane Doe 11 that, if the investigation were closed, Jane Doe 11 could revisit her
decision about whether to pursuing a Title IX investigation at any time. See id.
The investigation was then suspended due to Jane Doe 11’s inability to
participate as a result of a health issue. Weeks later, Werner sent follow up
emails to Jane Doe 11 on April 18, 2017 and April 20, 2017 to check in on her
and offer her resources and support. See generally Exhibit 8.
As for the remaining allegations of this paragraph, the University lacks
sufficient knowledge or information to form a belief as to the truth of said
allegations and they are therefore denied.

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Subsequent Contact and Actionable Harassment

592. Sutton came into contact with multiple times in her class, despite

Defendant Werner telling her there was a no “contact order” in place.

ANSWER:

Denied as stated. The University denies the allegation to the extent that
it alleges there was not a no-contact order in place. To the contrary, Werner
issued a no-contact order to JD4 and provided a copy of said order to Jane Doe
11 by email on March 15, 2017. See Exhibits 9 and 10. The University lacks
sufficient knowledge or information to form a belief as to the truth of the
allegation that “[JD4] came into contact with multiple times in [Jane Doe 11]
class” and it is therefore denied. By way of further response, Jane Doe 11 did
not contact Werner to report that JD4 was violating the no-contact order.

593. Under information and belief, a “no contact” order was never issued to

Sutton.

ANSWER:

Denied. By way of further response, Werner issued a no-contact order to

JD4 and provided a copy of said order to Jane Doe 11 by email on March 15,
2017. See Exhibits 9 and 10.

594. JANE DOE 11 suffered severe and extreme physical anxiety when

Sutton intentionally came into contact with JANE DOE 11, ultimately causing her

drop out of school.

ANSWER:

Admitted in part and denied in part. The University admits that Jane
Doe 11 registered for courses for Winter 2017, but withdrew from all registered
courses and did not register for any future semesters. The University lacks
sufficient knowledge or information to form a belief as to the truth of the
remaining allegations of this paragraph and they are therefore denied.

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595. JANE DOE 11 continues to undergo counseling and is still

experiencing symptoms of post-traumatic stress disorder, depression, and anxiety.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Fraudulent Concealment
596. The Statute of Limitations (“SOL”) is tolled when “a person who is or

may be liable for any claim fraudulently conceals the existence of the claim or the

identity of any person who is liable for the claim.” MCL 600.5855

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

597. Defendants, through their employees, agents and/or representatives,

fraudulently concealed the existence of Plaintiffs’ claims by committing affirmative

acts and/or making misrepresentations, among other things, to victims.

ANSWER:

Denied.

598. The reporting of student-on-student sexual assault claims was

systematically denied at EMU.

ANSWER:

Denied.
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599. When victims came to Defendants with reports of sexual assault, they

were told not to report to the YPD.

ANSWER:

Denied.

600. In an effort to discourage sexual assault victims from reporting to

police, sexual assault victims, including Plaintiffs, that came to Defendants Werner

and EMUPD were told by Defendants that they did not have enough evidence.

Plaintiffs relied on this erroneous advice.

ANSWER:

Denied. The allegation that Werner and EMUPD discouraged victims of

sexual assault from reporting to the police is categorically wrong. At all
relevant times, Werner and EMUPD acted diligently and tirelessly to provide
support, information, resources, and accommodations to victims of sexual
assault. As Title IX Coordinator, it was Werner’s consistent practice to explain
to an alleged victim of sexual assault the benefit of reporting an assault to the
police and creating a record of the victim’s account of the incident so that, if at
some point in the future the victim wanted to pursue criminal charges against
the assailant, the victim’s statement would already be on file with the police. It
was also Werner’s practice to offer to accompany such a person to the police
station to assist him/her with making such a report to the police.

601. Defendant Werner was neither an investigator nor trained in conducting

forensic interviews of sexual assault victims. Regardless, Defendant Werner was the

gatekeeper of sexual assault claims at EMU.

ANSWER:

Denied. By way of further response, Werner was the University’s Title

IX Coordinator and, in that role, she, among other things, provided

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complainants with information about their options of pursuing a Title IX

investigation and/or reporting the subject incident to EMUPD and/or other
police authorities. As the Title IX Coordinator, Werner’s role was not to
investigate allegations. The decision as to whether an investigation followed a
report of sexual assault was in most material respects in the control of the
complaining student, which Werner explained to all reporting students who
expressed hesitancy about choosing to proceed with an investigation. In the
event that a complainant decided to move forward with a Title IX investigation,
Werner would assign an investigator to interview parties and witnesses.
Although Werner was trained as an investigator and trained in trauma-
informed investigation techniques, her role at the University did not encompass
conducting such investigations. During her tenure as Title IX Coordinator at
the University, Werner acted diligently and tirelessly to provide support,
information, resources, and accommodations to victims of sexual assault.

602. Defendant Werner told Plaintiff that she had the authority to issue and

would issue a “no contact order” against her assailant. However, this advice was

contrary to Defendant Regents and EMU’s policy. Furthermore, Defendant Werner

did not have the authority to issue a Personal Protection Order signed by a circuit

court judge and failed to inform Plaintiff about the options available to her.

ANSWER:

Admitted in part and denied in part. The University lacks sufficient

knowledge or information to form a belief as to the truth of the allegations of
this paragraph inasmuch as there are nineteen named plaintiffs and it is unclear
to which plaintiff this paragraph refers. The University further denies this
paragraph as vague inasmuch as it does not identify how issuing University no-
contact orders was contrary to University policy. To the contrary, issuing no-
contact orders in sexual misconduct cases is and was a common form of support
offered to parties by the University. By way of further response, it is admitted
that a no-contact order does not have the force of law in the manner of a
judicially-issued protection order, but denied that a no-contact order was
described or presented to any complainant as having been issued by a court or
having the force of law.

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603. Defendants created such a hostile environment among the student body,

and EMU’s Greek life in particular, that victims of sexual assault, including

Plaintiffs, were told that nothing would happen if they sought assistance from

Defendants.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

604. Defendant Werner told authorities that she “is not an investigator” and

that she neither possessed special training nor special knowledge with regard to

interviewing victims of sexual assault. Further, Defendant Werner told authorities

that she was “just a coordinator” and that she would refer reported cases of sexual

assault to the Title IX investigators. However, before trained investigators could be

assigned to a case, Defendants had already discouraged going forward.

ANSWER:

Denied. The allegation that Werner discouraged victims of sexual assault

from pursuing investigations is categorically wrong. To the contrary, Werner
chose to pursue a career focused on helping survivors. Her role was, among
other things, to respond to complaints of sexual assault and provide
complainants with general support and information about their options of
choosing to pursue a Title IX investigation and/or reporting the subject incident
to police or, if they chose, deciding not to pursue an investigation. In the event
that a complainant decided to move forward with a Title IX investigation,
Werner would assign an investigator to interview parties and witnesses.
Additionally, as Title IX Coordinator, it was Werner’s practice to explain to an
alleged victim of sexual assault the benefit of reporting an assault to the police

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and creating a record of the victim’s account of the incident so that, if at some
point in the future the victim wanted to pursue criminal charges against the
assailant, the victim’s statement would already be on file with the police. It was
also Werner’s practice to offer to accompany such a person to the police station
to assist him/her with making such a report to the police.

605. Defendant Werner was given notice, via Defendant Regents and

EMU’s reporting system, that Durbin had sexually assaulted an EMU student in

2018. Defendant Werner did not report the same to law enforcement, which allowed

Durbin to continue his serial sexual assaults, including the rape of JANE DOE 10.

ANSWER:

Denied as stated. The University admits that in or about November 2018,

the Title IX Office received an anonymous report regarding an alleged sexual
assault by JD3 having occurred at an off-campus location in February 2018.
The report contained no information about the identity of the reporting party
or victim. See Exhibit 6. The remaining allegations of this paragraph are
denied.

606. Defendant Werner told EMU students misinformation about violations

of Title IX during a breakout session after EMU’s 2016 freshman orientation.

Defendant Werner told freshmen students that “there is a grey area with violations

of Title IX and alcohol – it’s very complicated.” Such information completely flies

in the face of the Title IX protocol as laid out in EMU’s handbook and in the common

teaching at universities across the United States.

ANSWER:

Denied.

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607. McWilliams and Hernandez held positions of authority both with

Defendants Werner and EMUPD, wherein the McWilliams and Hernandez were

given special treatment by Defendants, including assistance in covering up sexual

assaults.

ANSWER:

Denied. It is specifically denied that “McWilliams and Hernandez held

positions of authority both with Defendants Werner and EMUPD.” It is also
specifically denied that McWilliams and Hernandez were given “special
treatment.” By way of further response, the University incorporates its
responses to paragraphs 194, 195, 196, 199, and 204.
608. Defendant EMUPD would manipulate sexual assault reports and, at

times, deliberately fail to enter sexual assault reports into police systems.

ANSWER:

Denied. It is specifically denied that EMUPD “manipulated” sexual

assault reports and/or “deliberately failed to enter sexual assault reports into
police systems.” To the contrary, EMUPD personnel diligently and properly
recorded incidents of sexual assaults that were reported to EMUPD.
609. Defendant EMUPD would enter sexual assault cases as “Suspicious

Circumstances” as opposed to “Sexual Assaults.” Furthermore, Defendant EMUPD

would not enter reports into the system.

ANSWER:

Denied. By way of further response, the University incorporates its

response to paragraph 608.

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610. Defendant Werner knew that EMU students, including Plaintiffs, were

particularly susceptible to believing Defendant Werner’s misrepresentations

because:

a. Plaintiffs were young and naïve adults;

b. Defendants created a culture such that nothing would happen to
young college women who were raped; and

c. Defendants knew that Plaintiffs had little to no experience with

the criminal justice system and were, in fact, looking for the
guidance of Title IX to ensure that they were properly informed.

ANSWER:

Denied. By way of further response, at no time did Werner make any

misrepresentations to students. The allegation that the University “created a
culture such that nothing would happen to young college women who were
raped” is categorically false. Protecting students is critical to the University’s
educational mission. The University’s staff in law enforcement, Title IX,
student affairs, and elsewhere work tirelessly every day to try to create a safe
and supportive community for students, faculty and staff.
Further responding, the University incorporates by reference its response
to paragraph 194.

611. Plaintiffs were, in fact, particularly susceptible to believing Defendant

Werner’s misrepresentations

ANSWER:

Denied. By way of further response, at no time did Defendant Werner

make any such misrepresentations to the students who have asserted claims
against the University.

612. Accordingly, Plaintiffs did not know, could not have reasonably

known, had no reason to make inquiry, and were reasonably unaware of possible

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causes of action against Defendants until Plaintiffs started reading articles in late

summer of 2020 and then went to Court for a preliminary examination in October of

2020. Only after learning how Defendants betrayed their trust did Plaintiffs

begin to comprehend the actions of the Defendants.

ANSWER:

Denied.
JANE DOE 12
613. On December 23, 2014, JANE DOE 12, was 18 years old. JANE DOE

12 along with a friend went to an Eastern Michigan University (EMU) basketball

game.

ANSWER:

The University admits, upon information and belief, that Jane Doe 12 was
18 years old on December 23, 2014. The University lacks sufficient knowledge
or information to form a belief as to the truth of the remaining allegations of
this paragraph and they are therefore denied.

614. After the game, JANE DOE 12 went to a party hosted by members of

DTD – Chapter at an “annex” with her friend.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

615. When JANE DOE 12 and her friend arrived at the party, they stayed on

the upper level for a period of time. The atmosphere of the party was consistent with

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all DTD – Chapter functions: alcohol games, partying and pressure to consume

alcohol.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

616. JANE DOE 12 was pressured to drink hard liquor, but she didn’t like

it, so she faked drinking it just to pacify others in her surroundings.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

617. JANE DOE 12 and her friend decided to go downstairs where the

members of DTD – Chapter were. When JANE DOE 12 and her friend went

downstairs, they were the only two females in that area.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

618. The members were playing drinking games and drinking beer. The guys

offered JANE DOE 12 a beer and she took one.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

619. Executive officers and members of DTD - Chapter will confirm that it

was commonplace at parties to both supply and pressure others into drinking.
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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

620. While JANE DOE 12 was in the lower level she was approached by

Brosnan (her assailant). Brosnan attempted to engage with JANE DOE 12 by

engaging in conversation and acting as though he knew her. JANE DOE 12 didn’t

fall for it and acted like she was texting with another person. Brosnan handed her a

second beer and went back to his drinking games.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

621. Further, not only did DTD - Chapter and/or DTD - National knowingly

disregard regulations and rules, this was commonly known to EMU, Werner, and

Martin.

ANSWER:

It is specifically denied that it was “commonly known” to EMU, Werner,

and/or Martin that DTD - Chapter and/or DTD - National “knowingly
disregard regulations and rules.” As for the allegation that “DTD - Chapter
and/or DTD - National knowingly disregard regulations and rules,” the
University lacks sufficient knowledge or information to form a belief as to the
truth of the allegation and it is therefore denied.

Something was not right

622. JANE DOE 12 suddenly became confused and disoriented. She noticed

that it was only her and Brosnan in the basement. JANE DOE 12 knew something
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was wrong and nothing made sense to her. JANE DOE 12 didn’t have much to drink,

but she felt as though she was completely out of it.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

623. JANE DOE 12 blacked out. When she came to, JANE DOE 12

remembered looking up to seeing her assailant pulling off her pants. As JANE DOE

12 saw her surroundings, she noticed she was on a mattress on the floor, (later to be

discovered in the attic of the DTD – Chapter’s fraternity house).

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

The Rape

624. JANE DOE 12 told Brosnan to stop, repeatedly pleaded with him to

leave her alone and attempted to push him off. However, JANE DOE 12 was no

match for Brosnan in her fight to stop the rape.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

625. Brosnan got on top of JANE DOE 12, as she tried to push him off, he

inserted his penis inside her taking away her virginity.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

626. JANE DOE 12 begging Bronson to stop as she was crying telling him

he was hurting her. In a horrific space in time JANE DOE 12, stopped with her plea

and just wanted the assault to end.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

627. Once Bronson finished, he rolled over and fell asleep. JANE DOE 12

put her clothes on and found her way downstairs to a living room where there were

three guys and two girls. One of the guys asked JANE DOE 12 if she was ok and

got her a glass of water.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

628. JANE DOE 12 asked the gentleman, who was a member of DTD –

Chapter, if he could help her find her phone. They both went back up to the attic

where Brosnan was sleeping. The member pulled off the sheets where there was

JANE DOE’S 12 blood all over the mattress. Also, it appeared as though Brosnan

and urinated in the bed as well. Unfortunately, they were not able to find the phone,

so they went back downstairs.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

629. JANE DOE 12 used the members phone to call her friend, but she didn’t

answer. JANE DOE 12 was stranded and ended up falling asleep in the living room

of DTD – Chapter’s fraternity house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

The Morning After

630. JANE DOE 12 awoke the next morning still writhing in pain from

Brosnan’s rape with bruising and bleeding.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

631. On Christmas Day, two days after Brosnan’s rape, JANE DOE 12 went

to the emergency room at University of Michigan Hospital.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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The Cover-Up, the Report to Title IX, Fraudulent Concealment, and

Subsequent Harassment
632. Brosnan sent a series of text messages to JANE DOE 12 wherein

Brosnan apologized to JANE DOE 12 at least eight (8) times.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

633. Further, the text messages contradict the statements by the assailant not

remembering what happened. Under information and belief, the exchange that took

place on Christmas Eve 2014 in part went as follows:

By the Assailant: “Hey I am so sorry about last night. Seriously like I don’t
know what happened and idk wtf was going on. Sorry about everything.

By JANE DOE 12: Did you use a condom?

By the Assailant: Yes it was on the floor this morning when I cleaned his
room up. I didn’t finish last night anyways though because I stopped when
you said it hurt and I fell asleep.

By the Assailant: Is everything okay though? Like I really just want to make
sure you are alright.

By JANE DOE 12: Honestly, no.

By the Assailant: I’m so sorry...Like I was too messed up for that. What is
bothering you the most?? And is there anything I can do to help?

By the Assailant: Yeah that was not a good night...I barely remember
anything at all and there were no good decisions made..Like fuck..Do you
remember anything at all?
By JANE DOE 12: Yeah I remember crying and telling you to get off of
me....

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By the Assailant: What the hell?! You were crying?? I ended up getting off
of you right? I am so fucking sorry I dont remember that at all.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Title IX Failure and Timeline of Coverup and Mismanagement

634. Plaintiffs do not have to advance further argument to show that Brosnan

violated the rights of JANE 12 pursuant to EMU “Policy” and Title IX protocols.

ANSWER:

This paragraph appears to address Plaintiffs’ pleading obligations to

which no response is required. To the extent a response is required, the
University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations of this paragraph and they are therefore denied.

635. Werner incompetently told the students of EMU that when it comes to

alcohol and sex it is a complicated topic, making students believe that if you are

intoxicated consent can be given. This could not be further from the truth or the law.

Consent can’t be given when either intoxicated or drugged.

ANSWER:

Denied. Further, the averments in this paragraph that state legal

conclusions do not require a response and are accordingly denied. By way of
further response, this paragraph misstates the University’s policies. The
University’s Sexual Misconduct and Sex-Based Discrimination Policy states
that: “Consent cannot be gained by taking advantage of the incapacitation of
another, where the person initiating sexual activity knew or reasonably should
have known that the other was incapacitated.” See Eastern Michigan
University’s Sexual Misconduct and Sex-Based Discrimination Policy, § VII(A)

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(available at https://www.emich.edu/title-nine/documents/emu-sexual-misconduct-
and-sex-based-discrimination-policy.pdf?v=2021-08-03T20:54:19Z). That policy
further states:
A person may be incapacitated as a result of the consumption of
alcohol or other drugs, or due to a temporary or permanent
physical or mental health condition.
When alcohol or other drugs are involved, it is important to
understand the level of impairment that results from a person’s
level of consumption. . . .
Evaluating whether another individual is incapacitated requires an
assessment of whether the consumption of alcohol or other drugs has
rendered that individual physically helpless or substantially incapable
of either (a) making decisions about whether to engage in sexual
contact or sexual intercourse; or (b) communicating Consent to
sexual contact or sexual intercourse.
See id. at § VII(B) (emphasis added).

636. Notice was given to a mandated reporter of Title IX on JANUARY 16,

2015, when Karrick takes a report from a clinical social worker regarding the sexual

assault of JANE DOE 12.

ANSWER:

The University admits the allegation that, on January 16, 2015, Karrick
spoke with an individual who identified herself as a Clinical Social Worker at
the University of Toledo and who informed Karrick that Jane Doe 12, a student
from the University of Toledo, had been sexually assaulted at the Delta Tau
Delta fraternity house in Ypsilanti on December 23, 2014. By way of further
response, on January 18, 2015, EMUPD facilitated a meeting between Jane Doe
12 and Ypsilanti Police Department (“YPD”), as it was determined that YPD
would be investigating the alleged assault. Upon information and belief, YPD
investigated Jane Doe 12’s complaint and ultimately forwarded the case to the
local prosecutor for review; however, upon information and belief, in or about
April 2015, the prosecutor declined to pursue charges against JD5.
Except as so admitted, denied.

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637. This date of January 16, 2015 is the starting point of when Title IX is

given notice. As will be explained in more depth to follow in the factual statements

below, Werner, under information and belief attempts to cover up the timing of when

the notice of this sexual assault comes into her office in a written memo.

ANSWER:

It is specifically denied that Werner “attempt[ed] to cover up the timing

of when the notice of this sexual assault comes into her office in a written
memo.”

By way of further response, in January 2015, the University’s Office of

Upon learning of Jane Doe 12’s allegation, the OSCCS initiated an

investigation of the incident. By letter dated February 11, 2015, the OSCCS
notified JD5 of the charges levied against him by the OSCCS. A staff member
of the OSCCS spoke with Jane Doe 12’s victim advocate from University of
Toledo (where Jane Doe 12 was a student), who initially conveyed Jane Doe 12’s
interest in participating in the OSCCS’s conduct process. On or about
February 17, 2015, the same OSCCS staff member spoke with Jane Doe 12, at
which time Jane Doe 12 indicated that she did not wish to move forward with a
complaint against JD5 in OSCCS’s conduct process but that she wanted to
reserve the right to move forward with the process in the future. On or about
February 20, 2015, the OSCCS staff member sent a letter to Jane Doe 12,
through her victim advocate, memorializing their February 17, 2015
conversation, which is attached hereto as Exhibit 12. In his letter, the OSCCS
staff member reminded Jane Doe 12 that the student conduct process would be
available to her if she changed her mind about moving forward with an
investigation against JD5. He further provided her with information and
resources concerning the University’s policies, procedures, and resources
concerning sexual misconduct.

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Following the February 17, 2015 conversation between the OSCCS staff
member and Jane Doe 12 in which Jane Doe 12 stated she did not wish to move
forward with a complaint against JD5 with the OSCCS, the OSCCS decided to
postpone the charges that it had levied against JD5 pending the local
prosecutor’s review of the allegations against JD5. On or about May 6, 2017,
the same OSCCS staff member spoke with Jane Doe 12’s victim advocate, who
informed the OSCCS staff member that the prosecutor’s office declined to
proceed with criminal charges against JD5 and, further, that Jane Doe 12 did
not wish to proceed with the OSCCS’s student conduct process.

The next day, Jane Doe 12 sent an email to the OSCCS staff member
confirming what her victim advocate had also conveyed — that the prosecutor
declined to proceed with criminal charges against JD5 and that Jane Doe 12 did
not want “any part” of an investigation with OSCCS. Specifically, she wrote:

As you know, the prosecutor did not pick up my case. I'm done with
this. Everything is falling through the cracks and I don't want to do
it anymore. If you would like to move forward without me having
to be involved, you have my statement and you have my permission
to use it as you will, but I don't want any part of it. I'm trying to
move forward.
See Exhibit 13 (emphasis added). The OSCCS pursued no further investigation
with respect to Jane Doe 12’s alleged assault.

On or about April 26, 2017 (which was approximately two years after the
OSCCS’s 2015 investigation), the University of Toledo’s Title IX and
Compliance Office contacted Werner, who had since been selected to serve as
the University’s Title IX Coordinator, regarding Jane Doe 12’s allegation that
she had been assaulted by JD5 in December of 2014 and informed Werner that
Jane Doe 12 now wanted to proceed with a complaint against JD5. The
University’s Title IX Office promptly initiated an investigation in light of Jane
Doe 12’s desire to pursue a complaint against JD5. Indeed, on April 27, 2017,
Werner notified JD5 that it was proceeding with an investigation of Jane Doe
12’s allegations against him.

In the course of the investigation, the Title IX Office’s investigator

interviewed multiple witnesses, including Jane Doe 12 and JD5. Jane Doe 12
was given the opportunity to participate in the investigation and was provided
with updates regarding the investigation. JD5 was ultimately found responsible
for violating the University’s sexual misconduct and interpersonal violence
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policy. At the time that JD5 was found responsible, he had graduated from the
University.

Except as so admitted, denied.

638. Karrick, under information and belief, notes that JANE DOE 12 wanted

to pursue charges against her assailant Bronson. Karrick, only after hearing that

several adults, a social worker, U of M hospital and Ann Arbor PD had known about

the incident, tells JANE DOE 12: “because this happened at DTD – Chapter’s

fraternity house off campus, it was not within Eastern Michigan University PD

jurisdiction, and he would have to turn it over to Ypsilanti PD.” This is contrary to

both prior and subsequent acts by Karrick.

ANSWER:

The University admits that on January 16, 2015, Karrick spoke with an
individual who identified herself as a Clinical Social Worker at the University
of Toledo and who informed Karrick that Jane Doe 12, a student from the
University of Toledo, had been sexually assaulted at the Delta Tau Delta
fraternity house in Ypsilanti on December 23, 2014. It is specifically denied
that Karrick made the quoted statement in this paragraph, or anything of that
nature, to Jane Doe 12.

On January 16, 2015, Sergeant Young of EMUPD spoke with Jane Doe
12 at which time Sergeant Young informed Jane Doe 12 that EMUPD was
available to assist her in any way possible and that EMUPD would help to
facilitate a meeting with the Ypsilanti Police Department (“YPD”) for her to
file a formal report. On January 18, 2015, EMUPD facilitated a meeting
between Jane Doe 12 and YPD, as it was determined between YPD and EMUPD
that YPD would be investigating the alleged assault. Upon information and
belief, YPD investigated Jane Doe 12’s complaint and ultimately forwarded the
case to the local prosecutor for review; however, upon information and belief,
in or about April 2015, the prosecutor denied charges and declined to pursue a
case against JD5.

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Except as so admitted, denied.

639. After notice was given to YPD, notice was also given to Title IX in

January of 2015 and investigations started on both fronts.

ANSWER:

The University admits that, in January 2015, the University’s Office of

Student Conduct and Community Standards (“OSCCS”) became aware of
Jane Doe 12’s allegation that she had been sexually assaulted by JD5. At that
time, the OSCCS was the University office that handled reports of student
sexual assault and misconduct. After the OSCCS learned of Jane Doe 12’s
allegation, it initiated an investigation. By way of further response, the
University incorporates its response to paragraph 637.

640. Through skilled criminal defense counsel, both cases, the criminal

prosecution and the Title IX investigation are denied and closed respectively.

However, JANE DOE 12 is never contacted by Title IX regarding the investigation

being closed, only the defense attorney is.

ANSWER:

Denied. By way of further response, the University incorporates its

response to paragraph 637. Further responding, in 2017, the Title IX Office
indeed informed Jane Doe 12 of the outcome of its investigation, namely, that
JD5 was found responsible for violating the University’s sexual misconduct and
interpersonal violence policy. Specifically, on November 16, 2017, Werner
emailed Jane Doe 12 as follows:

Pursuant to the Student Investigative Procedure: Sexual

Misconduct and Interpersonal Violence, Section IV D. Formal
Resolution, a Review Panel was established for the purpose of
reviewing the final investigative report in the below referenced
matter. I am contacting you today to provide you with the outcome
of this review.

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Decision:
Responsible
Decision Rationale:
The Review Panel supports the finding that the Respondent is
responsible for violating Section V.P 1. of Eastern Michigan
University’s Sexual Misconduct and Interpersonal Violence Policy,
based on the preponderance of evidence as presented by the
investigative report.

See Exhibit 14.

641. JANE DOE 12 rights under Title IX were clearly violated as she was

never told about the closing of the investigation and never received any due process

that should have been afforded to her.

ANSWER:

Denied. By way of further response, the University incorporates its

responses to paragraphs 637 and 640.

The University specifically denies the allegation that Jane Doe 12 “was
never told about the closing of the investigation.” The Title IX Office indeed
informed Jane Doe 12 of the outcome of its investigation, namely, that JD5 was
found responsible for violating the University’s sexual misconduct and
interpersonal violence policy. See Exhibit 14.

The University also specifically denies the allegation that Jane Doe 12
“never received any due process that should have been afforded to her.” In
2015, the University’s Office of Student Conduct and Community Standards
(“OSCCS”) initiated an investigation and thereafter Jane Doe 12 indicated
multiple times that she did not want to proceed with being involved in OSCCS’s
student conduct process. See Exhibits 12 and 13. With respect to the Title IX
Office’s investigation in 2017, Jane Doe 12 participated in the investigative
process, was interviewed, and was informed of the outcome of the investigation.

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642. Upon making contact with Defendant Werner in the later months of

2015, JANE DOE 12 was told by Defendant Werner that the investigation was still

“ongoing” and that it was difficult to pursue because there was alcohol consumed on

the night of the assault. Defendant Werner’s statement was both incorrect (based on

Werner’s statements to Brosnan regarding the closure of the investigation) and

misleading JANE DOE 12 into believing that nothing would happen due to the fact

that she had consumed alcohol prior to her rape.

ANSWER:

Denied. It is specifically denied that Werner made the statements alleged

in paragraph 642. By way of further response, the University incorporates its
response to paragraph 637. Further responding, the investigation conducted
by the Title IX Office occurred in 2017, not 2015. The investigation in 2015 was
conducted by the University’s Office of Student Conduct and Community
Standards.

643. Consistent with a common scheme and plan, Defendant Werner’s

actions were consistent with how she influenced and dissuaded other JANE DOE’s

from pursuing their constitutional rights.

ANSWER:

Denied.

The Stall and Delay Tactics Almost Worked for Defendants to Sweep
the Rape Under the Rug.

644. JANE DOE 12 repeatedly requested updates from Defendant Werner

and became confused by EMU’s Title IX process and the continual delays.
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ANSWER:

Admitted in part and denied in part. The University admits that, during
the course of the Title IX Office’s 2017 investigation of the subject incident,
Jane Doe 12 requested updates from Werner, and Werner diligently provided
Jane Doe 12 with updates regarding the investigation. The University lacks
sufficient knowledge or information to form a belief as to the truth of the
allegation that Jane Doe 12 “became confused by EMU’s Title IX process and
the continual delays” and it is therefore denied. Except as so admitted, denied.

645. In late 2016 and early parts of 2017, JANE DOE 12 sought advice

through her therapist of what she should do about the Title IX investigation and was

advised by her therapist something was not right. The advice was to contact another

Title IX Director at a different university.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

646. JANE DOE 12 heeded the advice and sought counsel from a Title IX

counselor at the University of Toledo who in turn made contact with Defendant

Werner.

ANSWER:

Admitted in part and denied in part. The University admits that on or

about April 26, 2017, University of Toledo’s Title IX and Compliance Office
contacted Werner regarding Jane Doe 12’s allegation that she had been
assaulted by JD5 in December of 2014 and informed Werner that Jane Doe 12
now wanted to proceed with a complaint against JD5. The University’s Title
IX Office promptly initiated an investigation in light of Jane Doe 12’s desire to
pursue a complaint against JD5. The University lacks sufficient knowledge or
information to form a belief as to the truth of the allegation that Jane Doe 12

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“heeded the advice and sought counsel from a Title IX counselor at the
University of Toledo” and it is therefore denied. Except as so admitted, denied.

647. After getting called by another Title IX Director, Defendant Werner is

put into a position where she must attempt to answer why JANE DOE 12’s

constitutional rights were violated.

ANSWER:

Denied. It is specifically denied that Jane Doe 12’s “constitutional rights

were violated.” By way of further response, on or about April 26, 2017,
University of Toledo’s Title IX Office contacted Werner regarding Jane Doe
12’s allegation that she had been assaulted by JD5 in December of 2014 and
informed Werner that Jane Doe 12 now wanted to proceed with a complaint
against JD5. The University’s Title IX Office promptly initiated an
investigation in light of Jane Doe 12’s desire to pursue a complaint against JD5.

In the course of the investigation, the Title IX Office’s investigator

By way of further response, the University incorporates its response to

paragraph 637.

648. Defendant Werner wrote a letter in August of 2017 to a review panel

member regarding JANE DOE 12’s investigation and attempts to explain away why

EMU failed JANE DOE 12.

ANSWER:

It is specifically denied that the University “failed” Jane Doe 12. To the
contrary, the University’s Title IX Office investigated the subject incident, and
JD5 was ultimately found responsible for violating the University’s sexual
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misconduct and interpersonal violence policy. By way of further response, the

University incorporates its response to paragraph 637.

The University admits that on or about August 25, 2017, Werner

provided a letter to Eric Ward regarding the subject investigation. By way of
background, Eric Ward was a member of the panel that was in place to review
the investigator’s findings in the subject investigative report to determine, inter
alia, whether:
1. The investigation was conducted in a fair, impartial, and reliable
manner;
2. The information is sufficient to support the factual findings; and
3. There is a rational basis, applying a preponderance of the
evidence standard, for the recommended finding(s) of
responsibility or no responsibility.
JD5 had objected to the investigative process on the basis that it had not
been resolved within 60 days pursuant to University procedures. In light of
this, the purpose of Werner’s letter was to explain to Eric Ward why it had
been necessary for the Title IX Office’s investigation to span longer than 60
days. Werner’s letter explained to Eric Ward, in relevant part, that the
investigation had spanned longer than 60 days as a result of JD5’s initial non-
response to requests for interviews, and the fact that the investigator who was
initially hired to conduct the investigation subsequently withdrew, and the Title
IX Office had to assign a new investigator. Except as so admitted, denied.

649. Defendant Werner told the following information to the panel member:

a. First, that the purpose of the letter was to explain why there was
a delay beyond the typical 60-day timeframe for a Title IX
investigation of JANE DOE 12’s rape.

b. Second, that the case was not opened until APRIL 27, 2017.

c. Third, that Werner had to hire an outside investigator to work the

case.
d. Fourth, that the investigation was given to an outside investigator
because the original EMU investigator had quit her position due
to not being paid by EMU.

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ANSWER:

To the extent that the allegations of this paragraph reference the contents
of a written document (namely, Werner’s August 25, 2017 letter to Eric Ward),
the content of that document speaks for itself, and therefore any
characterizations thereof are denied.
By way of further response, it is specifically denied that Werner told Eric
Ward, or any other panel member, generally that “the case was not opened
until April 27, 2017.” Rather, Werner specifically stated that the case was not
opened by her office (i.e., the Title IX Office) until April 27, 2017. This was an
accurate statement. The University’s Title IX Office began its investigation on
April 27, 2017, a day after the University of Toledo’s Title IX and Compliance
Office informed Werner that Jane Doe 12 wanted to pursue a complaint against
JD5. Prior to that date, Jane Doe 12 had consistently told the University that
she did not wish to proceed with any investigation. Accordingly, the University
categorically denies the allegation in Plaintiffs’ footnote that “Defendant
Werner’s representation that the case was not opened until April of 2017 is a
complete fabrication of the truth.”
650. Defendant Werner, by her overt acts of misconduct and/or deliberate

misfeasance, not only violated the protections of Title IX but also illuminated how

Defendants used a common scheme and plan to violate the rights of students at EMU.

ANSWER:

Denied.

651. Brosnan objected to the 2017 “reopening” of the Title IX investigation

into the rape of JANE DOE 12 and stated to EMU that the same was a violation of

his constitutional protection against double jeopardy. At this time, Brosnan resided

outside of Michigan.

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ANSWER:

The University admits that, following JD5’s review of a draft of the

investigative report, JD5 raised a double jeopardy argument, which the
University rejected. At that time, the University understood JD5 to be residing
outside of the State of Michigan. Except as so admitted, denied.

652. EMU’s Title IX department continued its investigation and ultimately

prepared a draft investigation report for both JANE DOE 12 and Brosnan to review

in person, per EMU’s policies. When Defendant Werner reached out to both JANE

DOE 12 and Brosnan to inform them of the same, both JANE DOE 12 and Brosnan

requested that Defendant Werner email them copies of the draft report, as they each

lived outside of Michigan. Despite the fact that the investigator’s report found that

Brosnan did, in fact, violate EMU’s sexual misconduct policies, Defendant Werner

agreed to email the draft report to Brosnan, but denied the same accommodation to

JANE DOE 12, who instead had to drive to EMU’s campus from Ohio.

ANSWER:

Denied as stated. The University admits that, as part of the Title IX

Office’s investigation of Jane Doe 12’s allegations against JD5, the investigator
prepared draft reports for both Jane Doe 12 and JD5 to review. At all relevant
times, it was the Title IX Office’s policy and practice to require complainants
and respondents involved in Title IX investigations to review the investigative
report(s) in person unless doing so in person would pose an undue hardship on
the reviewing party. In evaluating whether an undue hardship existed, it was
the Title IX Office’s practice to consider the reviewing party’s geographic
location. The University admits that, when it issued a draft of the investigative
report, JD5 was not located in or around the greater Detroit area; therefore,
the Title IX Office permitted him to review the investigative report
electronically. After the Title IX Office learned that Jane Doe 12 was no longer
located in the greater Detroit area and had moved to Washington, the Title IX

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Office likewise granted Jane Doe 12 permission to review a draft of an

investigative report electronically. See Exhibit 15.
653. Moreover, due to Defendant Werner's intentional and/or negligent

delays, Brosnan faced no repercussions from EMU for his brutal assault of JANE

DOE 12.

ANSWER:

Denied. By way of further response, JD5 was ultimately found

responsible for violating the University’s sexual misconduct and interpersonal
violence policy. At the time that JD5 was found responsible following a
complaint filed by Jane Doe 12 two years after the alleged assault, JD5 had
graduated from the University.

654. Brosnan has since been criminally charged for the rape of JANE DOE

12 on December 23, 2020, and is awaiting a preliminary exam in district court

sometime in July of 2021.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

JANE DOE 13
655. JANE DOE 13 enrolled at EMU in the Fall of 2018.

ANSWER:

Admitted.

656. During the Fall of 2018, JANE DOE 13 pledged at the sorority SK–

Chapter.

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ANSWER:

The University admits that Jane Doe 13 joined Sigma Kappa in fall of
2018.

657. In the pledging process, there are certain rules and guidelines that must

be followed by SK – Chapter to ensure the anti-hazing protocol is followed,

including but not limited to alcohol consumption.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

658. Members of SK – Chapter, namely Yoheny Yanes and Mia Arnold,

knowingly and negligently violated those rules as it related to JANE DOE 13,

specifically section VII of the National Sorority Handbook, in coercing her to

consume excessive amounts of alcohol on October 12, 2018. At the time, JANE

DOE 13 was eighteen (18) years old.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

659. As a result, JANE DOE 13 was savagely raped in the early morning

hours of October 12, 2018.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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Night of the Assault

660. The names of the witnesses to the assault:

• Yoheny Yanes (“Yanes”)

• Mia Arnold (“Arnold”)
• David Galvan (“Galvan”)
• Addison Bank (“Bank”)
• Assailant William Bujaki (“Bujaki”)
ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

661. Prior to her assault, JANE DOE 13 knew of her assailant, Bujaki, from

a brief encounter at a sanctioned intramural sports game at EMU.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

662. On or about October 11, 2018, JANE DOE 13, a pledge of SK –

Chapter, was taken by Yanes and Arnold, two senior members of SK – Chapter, to

an off-campus location to drink alcohol in violation of the hazing protocol.

Thereafter, Yanes and Arnold took Jane Doe 13 to a Delta Zeta sorority after-party

at an apartment back on EMU’s campus to have Jane Doe 13 consume more alcohol.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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663. It was at this after-party that JANE DOE 13 met fraternity members of

DTD – Chapter, including her assailant, Bujaki.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

664. After leaving the party, said members of DTD - Chapter, including

Bujaki, escorted JANE DOE 13, Yanes, and Arnold to DTD – Chapter’s fraternity

house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

665. While en route to DTD – Chapter’s fraternity house, Yanes and Arnold

admitted to the group that they would not be allowed to return to SK – Chapter

because of how intoxicated they got JANE DOE 13 - a violation of SK – Chapter

and/or SK – Nationals’ anti-hazing policy.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

666. Once at DTD – Chapter’s fraternity house, Yanes, Arnold, Galvan,

Bank, and Bujaki escorted JANE DOE 13 into Bujaki’s room. JANE DOE 13 was

continually coerced to imbibe alcohol by members of SK – Chapter and DTD –

Chapter, including but not limited to Yanes, Arnold, Galvan, Bank, and Bujaki.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

667. During this time, JANE DOE 13 became even more intoxicated and

visibly unsteady.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

668. During this state of intoxication, JANE DOE 13 participated in a game

of “spin the bottle.” JANE DOE 13 was sitting on the floor with Galvan, Bank, and

Bujaki next to a bed while the game was being played; Yanes was sitting on the bed

next to where the others were on the floor.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

669. During the game, the aforementioned witnesses noticed the

aggressiveness that Assailant Bujaki was exhibiting.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

670. At one point, when Bujaki spun the bottle in the direction of JANE

DOE 13, he moved in an eerily aggressive manner towards JANE DOE 13, and

forcefully kissed her.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

The First Round of Rape

671. As the game progressed, Yanes, while still sitting on Bujaki’s bed, was

attempting to say something to JANE DOE 13; however, JANE DOE 13 could not

hear what Yanes was saying. It appeared to JANE DOE 13 as though Yanes wanted

JANE DOE 13 to come closer to tell her something.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

672. JANE DOE 13 got up off the floor, put her knees against the bed, and

placed her hands on the bed leaning into Yanes to hear what she was saying. JANE

DOE 13 was in a vulnerable position where her back was to Bujaki.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

673. While JANE DOE 13 was bent over, Bujaki suddenly ripped her pants

down off her body, pulled her thong to the side, and inserted his penis inside JANE

DOE 13. While in shock at what was happening, JANE DOE 13 tried to scream but

no words would come out.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

674. Bank became very uncomfortable with the scene and ugliness of

Bujaki’s actions and started to exit the room. Instead, it is understood that Bank stood

outside the bedroom door listening to the sound of “skin hitting skin.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

675. As the brutal rape occurred, JANE DOE 13 summoned as much energy

as possible to tell her assailant, Bujaki, to stop; but again, no words could come out

of her mouth.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

676. Bujaki continued with his assault while forcefully shoving JANE DOE

13’s head into a crack between the bed and the wall, to the point where JANE DOE

13 could barely breathe and could not speak as Bujaki’s assault was ongoing.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

677. After Bujaki had his way with JANE DOE 13, which felt like an

eternity to her, JANE DOE 13 was physically unable to escape being brutally
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traumatized and intoxicated. JANE DOE 13 could only curl up into a ball, shaking

and crying while lying on the bed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

678. JANE DOE 13, overwhelmingly exhausted, intoxicated, and in a state

of shock, was unable to stay awake while still in a fetal position on the bed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

The Second Round of Rape

679. Shockingly, JANE DOE 13 was brought out of a state of sleep by

Bujaki violently raping her again. Once more, JANE DOE 13 tried to scream but

nothing would come out as Bujaki continued to have his way.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

680. JANE DOE 13 attempted to physically stop Bujaki, but she was no

match to thwart his persistent attack.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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681. At some point, JANE DOE 13 noticed that Galvin and Yanes were in

the bed next to where she was being raped.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

682. After this second assault, JANE DOE 13 again passed out in exhaustion

as she was left on the bed at DTD – Chapter’s fraternity house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Morning After
683. In the morning after the assaults, JANE DOE 13 attempted to leave

DTD but was told by Yanes that she had to wait there until the coast was clear back

at SK – Chapter’s sorority house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

684. As soon as JANE DOE 13 was allowed to leave DTD – Chapter’s

fraternity house she confided to members of SK – Chapter that she had been raped

by Bujaki. JANE DOE 13, a pledge and holding lower status as a new member to

the sorority, was strong-armed into believing it was her fault and should be ashamed.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

685. JANE DOE 13 was experiencing physical pain from injuries that she

sustained as a result of the rape. Further, members of SK – Chapter informed her

that Bujaki was “dirty.” JANE DOE 13 thereafter obtained a blood and urine test at

a local urgent care clinic in Ann Arbor.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

686. JANE DOE 13 went several days without telling anyone else about the

sexual assault and, as a result, became increasingly depressed and outwardly

anxious. When her two closest friends confronted her about this dramatic change in

her demeanor, JANE DOE 13 broke down and revealed the details of the brutal

assault that she endured on October 12, 2018.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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Defendant Werner Misleads Jane Doe 13

687. On or about October 16, 2018, JANE DOE 13 and her two friends

reported to Ethan Antonishak (“Antonishak”), the President of DTD - Chapter at the

time, that Bujaki had raped JANE DOE 13 on October 12, 2018.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

688. On or about October 16, 2018, Kaley Austin, the president of SK –

Chapter at the time, wrote an email to both Antonishak and Defendant Martin,

EMU’s Greek Life Coordinator, and mandated reporter to both Title IX and EMUPD

under EMU’s policies, notifying Antonishak and Defendant Martin that JANE DOE

13 had been raped by Bujaki on October 12, 2018, at DTD - Chapter’s fraternity

house.

ANSWER:

The University admits that on or about October 16, 2018, a student 5 sent
an email to Martin about an assault of a Sigma Kappa member, whom the
student did not identify. Inasmuch as the allegations of this paragraph
reference the content of an email, the content of that email speaks for itself, and
therefore any characterizations thereof are denied.

5
Plaintiffs identify current and/or former EMU students by name in the
Complaint. The University, however, has federal privacy obligations as to all of its
students and former students. As a result, where necessary, the University will refer
to those individuals using pseudonyms in this and other documents publicly filed
with the Court.
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Further responding, on the same day, October 16, 2018, Martin promptly
forwarded the email to Werner in order to notify Werner of the incident. See
Exhibit 16. Except as so admitted, denied.

689. On or about that same date, Antonishak submitted an online sexual

misconduct reporting form to EMU’s Title IX Department, including Defendant

Werner, stating that Bujaki had raped a pledge of SK – Chapter on October 12, 2018,

at DTD – Chapter’s fraternity house and requesting Defendant Werner to contact

him. A day later, Defendant Werner replied to Antonishak indicating that she had

recently received another sexual misconduct report regarding the same incident.

ANSWER:

The University admits that on or about October 16, 2018, a student

submitted an online sexual misconduct reporting form to EMU’s Title IX
Department concerning a sexual assault by JD6. The online sexual misconduct
reporting form did not include the name of the victim. Werner promptly and
diligently responded to the student by email the next day at which time she: (1)
thanked the student for sending her the information, (2) asked the student for
additional information, including the victim’s name and the location of the
assault, and (3) provided the student with her contact information, including
her cell phone number, so that the student could easily get in touch with her
regarding the incident.

In response to the allegation that Werner indicated to the student that

she had “recently received another sexual misconduct report regarding the
same incident,” the University admits that Werner indicated that she had
received a report that sounded similar and, as a result, asked the student to
provide the name of the victim. Specifically, Werner wrote to the student:

[A]lthough I received a report that sounds similar to yours, the

name of the victim was not provided to me, so I do not have this
person’s name. Would you be able to find out her name and provide
it to me?

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See Exhibit 17. Except as so admitted, denied.

690. In the days following Bujaki’s rape of JANE DOE 13, Bank provided

his eye-witness account of JANE DOE 13’s assault to both DTD – Chapter’s

President and Vice President of Internal Affairs, placing DTD – Chapter on further

notice of sexual assaults committed by its members.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

691. Within ten days of being sexually assaulted, JANE DOE 13 and her

friend met with Defendant Werner. At the meeting, JANE DOE 13 went through the

details of the sexual assaults with Defendant Werner.

ANSWER:

The University admits that during the week of October 22, 2018, Werner
met with Jane Doe 13 at which time Werner informed Jane Doe 13 of the
resources and options available to her, including pursuing a Title IX
investigation and/or the issuance of a no contact letter to her alleged assailant.
The University denies the suggestion that Werner in any way required or forced
Jane Doe 13 to discuss the “details of the sexual assaults.” If Jane Doe 13 shared
the circumstances of her assault with Werner, she did so voluntarily and not at
the behest of Werner.
Following Werner’s meeting with Jane Doe 13, Werner emailed Jane Doe
13 to check in on her and to see if she could provide Jane Doe 13 with any
support or resources. Werner also inquired as to whether Jane Doe 13 would
allow the Title IX Office to investigate the matter, stating as follows:

I’d also like to see how you are feeling about allowing me to
investigate this incident and possibly hold the other person
accountable for his actions?

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See Exhibit 18.

On October 30, 2018, Jane Doe 13 responded to Werner: (1) thanking her
for explaining all of the resources and options available to Jane Doe 13, and (2)
indicating that she was reluctant to move forward with the investigation but
that her feeling might change in the future. Specifically, Jane Doe 13 stated:

Hello! Our meeting was helpful for me to understand all of the

resources and options I have! At this time I am still a little reluctant
to move along with an investigation, but that might change in the
future. Thank you for meeting with me.
See Exhibit 19.

On or about February 14, 2019, Jane Doe 13 emailed Werner referencing

their prior meeting and prior discussion of the possibility of issuing a no contact
letter to Jane Doe 13’s assailant. On the same day, Werner responded to Jane
Doe 13 asking to set up a meeting to discuss the potential no contact letter and
to ensure Jane Doe 13 was “safe and comfortable.” Jane Doe 13 and Werner
agreed on a meeting time, and Jane Doe 13 thereafter canceled the meeting due
to a conflict. Werner followed up with Jane Doe 13 to reschedule. See Exhibit
20.

In this particular case, the Title IX Office took reasonable steps to contact,
support, and accommodate Jane Doe 13 following the report of her sexual
assault, including by: (1) reaching out to Jane Doe 13 on multiple occasions to
provide her with information, resources, and support, (2) meeting with Jane
Doe 13, and (3) attempting to assist Jane Doe 13 with the issuance of a no contact
letter.
Ultimately, despite the Title IX Office’s outreach and support, Jane Doe
13 declined to pursue and/or participate in any Title IX investigation.
692. Defendant Werner is not trained forensically in conducting sensitive

interviews of rape victims. However, consistent with a pattern of conduct, Defendant

Werner proceeded in having JANE DOE 13 go through the facts and circumstances

of the rape JANE DOE 13 suffered.

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ANSWER:

Denied. By way of further response, Werner was the University’s Title

IX Coordinator and, in that role, she, among other things, provided
complainants with information about their options of pursuing a Title IX
investigation and/or reporting the subject incident to the police. As the Title IX
Coordinator, Werner’s role was not to investigate allegations. The decision as
to whether an investigation followed a report of sexual assault was in most
material respects in the control of the complaining student, which Werner
explained to all reporting students who expressed hesitancy about choosing to
proceed with an investigation. In the event that a complainant decided to move
forward with a Title IX investigation, Werner would assign an investigator to
interview parties and witnesses. Although Werner was trained as an
investigator and trained in trauma-informed investigation techniques, her role
at the University did not encompass conducting such investigations. During her
tenure as Title IX Coordinator at the University, Werner acted diligently and
tirelessly to provide support, information, resources, and accommodations to
victims of sexual assault.

Accordingly, the University denies the allegation that Werner in any way
required or forced Jane Doe 13 to “go through the facts and circumstances of
the rape JANE DOE 13 suffered.” Doing so would have been inconsistent with
Werner’s job and practice. If Jane Doe 13 shared the circumstances of her
assault with Werner, she did so voluntarily and not at the behest of Werner.
693. Defendant Werner had been given several red flags and notice about

the assailant Bujaki prior to meeting JANE DOE 13 as noted above.

ANSWER:

Denied.
694. After JANE DOE 13 went through the details of the rape, Defendant

Werner typed something into her computer in front of JANE DOE 13. After a brief

pause, Defendant Werner looked at JANE DOE and her friend and stated: that

because Bujaki is not in the system she is not required to report this to the police.

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ANSWER:

Denied. The allegation that Werner discouraged victims of sexual assault

from reporting their assaults to the appropriate policing authority is
categorically false. It is specifically denied that Werner made the referenced
statement regarding JD6 not being in “the system.”

Further responding, Werner chose to pursue a career focused on helping

survivors. Her role was, among other things, to respond to complaints of sexual
assault and provide complainants with general support and information about
their options of choosing to pursue a Title IX investigation and/or reporting the
subject incident to police or, if they chose, deciding not to pursue an
investigation. As Title IX Coordinator, it was Werner’s practice to explain to
an alleged victim of sexual assault the benefit of reporting an assault to the
police and creating a record of the victim’s account of the incident so that, if at
some point in the future the victim wanted to pursue criminal charges against
the assailant, the victim’s statement would already be on file with the police. It
was also Werner’s practice to offer to accompany such a person to the police
station to assist them with making such a report to the police.
695. During this meeting, Defendant Werner told JANE DOE 13 that she

could report her rape to the police but said that not much could be done at the time

and that it would be difficult to prove anything because of the support the fraternity

would give to Bujaki.

ANSWER:

Denied. It is specifically denied that Werner made the referenced

statement alleged in this paragraph or any statement to that effect. Further
responding, the University incorporates by reference its response to paragraph
694.

696. Defendant Werner’s counsel to JANE DOE 13 violated EMU’s Title

IX policies, as well as the applicable laws in the State of Michigan.

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ANSWER:

Denied. Further responding, the University incorporates by reference its

responses to paragraphs 691 and 694.

697. Due to intimidation by Bujaki and the misleading statements of

Defendant Werner, JANE DOE 13 thought that it was useless for her to go to law

enforcement.

ANSWER:

Denied. The University categorically denies the allegation that Werner

made any “misleading statements” to Jane Doe 13. Further responding, the
University incorporates by reference its responses to paragraphs 691 and 694.
The University lacks sufficient knowledge or information to form a belief
as to the truth of the allegations as they relate to what Jane Doe 13 thought and
as to JD6’s intimidation of Jane Doe 13.

698. On several occasions between October 30, 2018, and November 5,

2018, Defendant Werner met with Bujaki regarding his sexual assault of JANE DOE

13 and guided Bujaki so that he could avoid any form of retaliation.

ANSWER:

The University denies that Werner in any way “guided [JD6] so that he
could avoid any form of retaliation.”

The University further responds as follows. The University admits that

on or about October 30, 2018, JD6 emailed Werner to request a meeting to
discuss what he referred to as “an unfortunate event that [had] come up . . . .”
In his request for a meeting, JD6 did not mention Jane Doe 13.

In response to JD6’s request for a meeting, Werner met with JD6. As

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students. Werner acted properly and within the scope of her duties in this role
by agreeing to meet with JD6, who had reached out specifically for information
concerning what JD6 apparently believed to be an allegation of sexual assault
against him.

Werner did not in any way “guide[] Bujaki so that he could avoid any
form of retaliation.” Ultimately, Jane Doe 13 met with Werner and learned of
her options, but nevertheless chose not to pursue a Title IX investigation against
JD6. Sixth Circuit case law requires that a university provide an accused
student with an opportunity to cross-examine his/her accuser in the presence of
a neutral fact finder as part of a Title IX adjudication. See Doe v. Baum, 903
F.3d 575 (6th Cir. 2018); Doe v. Univ. of Cincinnati, 872 F.3d 393 (6th Cir. 2017).

699. Defendant Werner’s pattern of conduct, working with the assailant, was

followed with the same common scheme and plan used in JANE DOE 1, when she

met with Hernandez and McWilliams.

ANSWER:

Denied. The University categorically denies the allegation that Werner

had a “same common scheme and plan” by meeting with JD1, JD2, and/or JD6.
The University further denies that Werner “worked with” JD6 in connection
with the report of Jane Doe 13’s sexual assault.

Further responding as to the allegation that Werner met with JD1 and
JD2, the University incorporates by reference its responses to paragraphs 194,
195, 215, and 698.

700. During these communications, Bujaki was assisted in not being

expelled from EMU nor punished by Title IX immediately thereafter.

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ANSWER:

Denied. The University categorically denies the allegation that JD6 was
assisted in not being expelled from EMU and/or assisted in not being punished
by Title IX. Further responding, after meeting with Werner and being apprised
of her options, Jane Doe 13 chose not to pursue a Title IX investigation against
JD6. See Exhibit 19.

Sixth Circuit case law requires that a university provide an accused

student with an opportunity to cross-examine his/her accuser in the presence of
a neutral fact finder as part of a Title IX adjudication. See Doe v. Baum, 903
F.3d 575 (6th Cir. 2018); Doe v. Univ. of Cincinnati, 872 F.3d 393 (6th Cir. 2017).

Thus, with respect to the assault of Jane Doe 13, the Title IX Office could
not proceed with an adjudication without the participation of Jane Doe 13
because, among other reasons, doing so would ultimately result in a proceeding
in which JD1 and JD2 could not be subject to a finding of a policy violation or
subject to discipline. In light of this, the Title IX Office was not able to proceed
with an investigation of JD6 and/or determine whether a punishment was
warranted.
701. Defendant Werner never reported Bujaki as a potential suspect of

sexual assault to EMUPD nor did she report the same to YPD (where the law

enforcement jurisdiction would have been appropriate).

ANSWER:

Denied.
702. On or about November 5, 2018, Defendant Werner informed Bujaki

that there was no pending Title IX complaint against him.

ANSWER:

The University admits that on November 5, 2018, JD6 sent an email to

Werner in which he asked Werner if the sorority, Sigma Kappa, was pursuing
any further action with respect to the incident, to which Werner responded that
she did not know whether Sigma Kappa was pursuing such action but that there

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was “no Title IX complaint at this time.” Werner sent this email to JD6
following Jane Doe 13’s October 31, 2018 email in which Jane Doe 13 informed
Werner that she was reluctant to pursue a Title IX investigation at that point.
Werner was conveying to JD6 that the Title IX Office was not investigating the
incident as of November 5, 2018. Except as so admitted, denied.
703. Bujaki thanked Defendant Werner for assisting him through the Title

IX investigation.

ANSWER:

The University denies the allegation that the Title IX Office conducted an
investigation of the assault of Jane Doe 13, as Jane Doe 13 declined to
participate in such an investigation. The University incorporates by reference
its response to paragraph 691 as for the reasons such an investigation was not
conducted. The University lacks sufficient knowledge or information to form a
belief as to the truth of the remainder of the allegation and it is therefore denied.
704. A three-page anonymous letter was also addressed to Defendant

Martin, the Greek Life Coordinator at the time of the assault, stating that multiple

issues regarding sexual assault had been brought to Martin and EMU’s fraternities,

but nothing had been done.

ANSWER:

The University admits that, at some point, Martin received an a three-

page anonymous letter. The remaining allegations of this paragraph reference
the contents of a written document, the content of that document speaks for
itself, and therefore any characterizations thereof are denied.

705. Unsurprisingly, in November 2018, Bujaki sexually assaulted JANE

DOE 14. This assault took place less than 30 days after Bujaki was reported, by

JANE DOE 13 and several others, to EMU and Defendant Werner.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

JANE DOE 14

706. JANE DOE 13 AND JANE DOE 14 were sexually assaulted on the

same night by two different assailants at DTD – Chapter’s Fraternity house. That

night was October 12, 2018.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

The allegations concerning Jane Doe 14 do not appear in any way to

allege that the University or its employees or agents acted inappropriately with
respect to their response to Jane Doe 14’s assault. However, to the extent that
Jane Doe 14 does make such an allegation, the University responds as follows.

EMUPD and the University’s Title IX Office responded to the report of

Jane Doe 14’s assault promptly, reasonably, and diligently. On November 8,
2018, EMUPD Officer Beasley met with Jane Doe 14 at which time Jane Doe 14
reported her assault by JD7. During that meeting, Officer Beasley provided
Jane Doe 14 with a sexual assault packet and discussed with Jane Doe 14 the
resources available to her. EMUPD contacted YPD to notify YPD of the
assault, and YPD, upon information and belief, investigated the assault and
handled Jane Doe 14’s criminal report. Officer Beasley advised Jane Doe 14
that YPD would be investigating the assault. Jane Doe 14 advised Officer
Beasley that she “felt a weight off of [her] shoulders” after speaking with
Officer Beasley about the assault.

Additionally, EMUPD notified EMU’s Title IX Office of Jane Doe 14’s

reported assault, in response to which the Title IX Office contacted Jane Doe
14 by email on November 15, 2018, November 28, 2018, December 11, 2018, and
January 7, 2019 to provide her with resources, support, and information about
the Title IX complaint process. See Exhibit 21.

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707. As in all assaults committed on the property of and/or by members of

DTD – Chapter, alcohol, and minors were a common denominator.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
708. JANE DOE 14 enrolled at EMU in the fall of 2018, when she was

eighteen (18) years old. Thus, at the time, JANE DOE 14 was under the age of

twenty-one (21).

ANSWER:

Admitted.
709. JANE DOE 14 had not met the assailant in person prior to October 12,

2018. However, they had connected through text messages and social media.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Night of the Assault

710. On or around October 12, 2018, JANE DOE 14 attended a registered

party at DTD – Chapter’s fraternity house. JANE DOE 14 arrived after the party had

started.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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711. DTD – Chapter habitually supplied excessive alcohol for their parties,

including the evening of October 12, 2018. Although possessing alcohol is in direct

violation of DTD – Chapter’s bylaws, EMU’s rules and regulations, as well as local,

state, and federal laws, were nonetheless commonplace at DTD – Chapter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

712. At some point during DTD - Chapter’s party, Cameron Layne

(“Layne”), an EMU student, walked up to JANE DOE 14 asking to dance. At this

time, Layne was visibly intoxicated. JANE DOE 14 declined his offer to which

Layne became upset and stormed off into the crowd of partygoers.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
713. Sometime later, Layne reapproached JANE DOE 14 insisting she dance

with him. Again, JANE DOE 14 declined, which made Layne more upset.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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The Assault

714. Unbeknownst to JANE DOE 14, Layne walked up behind her a third

time and began sexually molesting JANE DOE 14.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

715. Layne groped JANE DOE 14’s butt and breasts while grinding his

genitals on her backside.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
716. At or around the same time, Layne proceeded to put his hand down

JANE DOE 14’s pants touching the outside of her vagina.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
717. While doing all of this, Layne urged JANE DOE 14 to leave the party

with him. JANE DOE 14 declined.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
718. Layne became more agitated and pugnacious towards JANE DOE 14

for repeatedly being turned away by JANE DOE 14.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

719. When JANE DOE 14 refused to leave with Layne, he aggressively

grabbed her wrist to forcefully take her with him.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

720. JANE DOE 14’s friend, having witnessed Layne sexually assault JANE

DOE 14 and his attempt to take her away from the party, helped her escape from

Layne’s grip.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Subsequent Harassment
721. Between the early morning hours of 1:00 am and 4:00 am on

October 13, 2018, JANE DOE 14 received harassing text messages from Layne.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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722. In his text messages, Layne stated that JANE DOE 14 was “fat and

disgusting, should get pregnant, stop having sex with people, and that he wished

there were fewer people like her in the world because she was a hoe.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

723. JANE DOE 14 immediately blocked Layne from social media in an

attempt to stop Layne’s harassment.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

JANE DOE 15
724. JANE DOE 15 enrolled at EMU in the Fall of 2017 when she was 18

years old.

ANSWER:

Admitted.
725. JANE DOE 15 met her assailant, William Bujaki (“Bujaki”), in 2017.

JANE DOE 15 and Bujaki were in a consensual relationship for roughly a year prior

to her assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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726. During their relationship, JANE DOE 15 became aware of Bujaki’s

romantic involvement with another female. JANE DOE 15 also discovered that

Bujaki had sexually assaulted someone in DTD – Chapter’s fraternity house.

Further, JANE DOE 15 noticed Bujaki was becoming more aggressive, especially

when he consumed alcohol. Thus, JANE DOE 15 wanted to end her relationship

with Bujaki.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Night of the Assault

727. Bujaki requested to meet with JANE DOE 15 in the early morning

hours of November 1, 2018, to discuss the status of their relationship. JANE DOE

15, determined to end her relationship with Bujaki, agreed to meet with him at DTD

– Chapter’s fraternity house where he resided.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

728. DTD – Chapter members hosted a Halloween Party at DTD – Chapter’s

fraternity house earlier that same evening. At the time, JANE DOE 15 was under the

age of twenty-one (21).

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

729. Bujaki consumed a significant amount of alcohol at the Halloween

Party with other members of DTD – Chapter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

730. Prior to the Halloween Party, members of EMU’s Inter-Fraternity

Council (“IFC”), the governing board that regulates activities within Greek Life at

EMU, were aware of the allegation that Bujaki had sexually assaulted JANE DOE

13 and were investigating the same. Despite this awareness, IFC sanctioned the

Halloween Party.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

The Rape
731. JANE DOE 15 met Bujaki at DTD – Chapter’s fraternity house where

he brought her to his bedroom.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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732. In the room, Bujaki pleaded with JANE DOE 15 to continue their

relationship; however, JANE DOE 15 repeatedly told him no. Soon after, JANE

DOE 15 attempted to leave, but Bujaki demanded she stay longer and became

increasingly aggressive as JANE DOE 15 tried to go. Ultimately, JANE DOE 15

decided her safest course of action was to leave after Bujaki fell asleep.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

733. Bujaki did not go to sleep. Instead, he proceeded to grope JANE DOE

15, placing his hands on her body in an attempt to engage in sexual activities with

her. Bujaki began by touching JANE DOE 15’s stomach, eventually moving his

hand down onto her pubic bone.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

734. JANE DOE 15 promptly removed Bujaki’s hand and told him that she

did not want to have sex.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

735. Bujaki refused to comply and continued groping JANE DOE 15.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

736. JANE DOE 15, for a second time, removed Bujaki’s hands and again

told Bujaki to stop and that she did not want to have sex.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

737. Bujaki refused JANE DOE 15’s commands and began groping JANE

DOE 15’s breasts.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

738. As JANE DOE 15 attempted to remove Bujaki’s hands from her body,

he suddenly forced himself onto her, straddling JANE DOE 15’s torso as she laid on

her back, restricting her movement. Bujaki then began kissing JANE DOE 15’s neck

and cheek as JANE DOE 15 attempted to push him off of her, to no avail.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

739. Bujaki continued his assault as JANE DOE 15 attempted to push him

off of her, but Bujaki’s weight and strength were too much for JANE DOE 15 to

overcome. Each time JANE DOE 15 resisted, Bujaki pushed back even harder using
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his body weight to overcome JANE DOE 15’s resistance to the point where JANE

DOE 15 felt like she was suffocating. JANE DOE 15, realizing her life was in

danger, continued to resist.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

740. Bujaki, overpowering JANE DOE 15’s resistance, forcefully pulled

down her pants and underwear.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

741. JANE DOE 15 attempted to kick Bujaki, but he grabbed her legs,

pinned them down with his knees, and began kissing her neck again as JANE DOE

15 repeatedly pleaded with him to stop.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

742. JANE DOE 15 attempted to gain distance between her and Bujaki by

pushing her forearm into his throat. However, due to Bujaki’s size and strength,

JANE DOE 15 could not gain enough leverage to push him off.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
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743. Feeling defeated and in great fear for her life, JANE DOE 15 reasoned

that if she ceased resisting and laid limp, Bujaki’s assault would end sooner.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

744. At the same time, Bujaki used his legs to pry apart JANE DOE 15’s

legs, at which time Bujaki proceeded to insert his penis into her vagina, causing

JANE DOE 15 excruciating pain as Bujaki raped her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

745. Bujaki eventually removed his erect penis from JANE DOE 15’s vagina

and ejaculated onto her sweatshirt. Bujaki then fell asleep next to JANE DOE 15.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

746. Upon realizing Bujaki was asleep, JANE DOE 15 immediately got

dressed and left DTD – Chapter’s fraternity house. When she arrived back at her

dormitory, she cried until she fell asleep.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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Defendant Melody Werner’s Inaction

747. Less than three weeks before Bujaki raped JANE DOE 15, Defendant

Werner received an online sexual misconduct reporting form stating that Bujaki had

raped a pledge of SK – Chapter (JANE DOE 13) on October 12, 2018, at DTD –

Chapter’s fraternity house from Ethan Antonishak (“Antonishak”), the President of

DTD – Chapter at the time.

ANSWER:

The University admits that on or about October 16, 2018, a student

In response to the allegation that Werner indicated to the student that

[A]lthough I received a report that sounds similar to yours, the

name of the victim was not provided to me, so I do not have this
person’s name. Would you be able to find out her name and provide
it to me?

See Exhibit 17. Except as so admitted, denied.

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748. Defendant Werner replied to the inquiry indicating that she had recently

received another sexual misconduct report regarding the same incident.

ANSWER:

Denied as stated. The University incorporates by reference its response

to paragraph 747.

749. Defendant Werner met with the victim of Bujaki’s October 12, 2018

rape (JANE DOE 13) less than one week after Antonishak’s online sexual

misconduct report and provided Werner with details of her assault, including her

assailant’s name (Bujaki) and the location where her rape occurred (DTD –

Chapter’s fraternity house).

ANSWER:

Following Werner’s meeting with Jane Doe 13, Werner emailed Jane Doe
13 to check in on her and to see if she could provide Jane Doe 13 with any
support or resources. Werner also inquired as to whether Jane Doe 13 would
allow the Title IX Office to investigate the matter, stating as follows:

I’d also like to see how you are feeling about allowing me to
investigate this incident and possibly hold the other person
accountable for his actions?

See Exhibit 18.

On October 30, 2018, Jane Doe 13 responded to Werner: (1) thanking her
for explaining all of the resources and options available to Jane Doe 13, and
(2) indicating that she was reluctant to move forward with the investigation

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but that her feeling might change in the future. Specifically, Jane Doe 13
stated:

Hello! Our meeting was helpful for me to understand all of the

resources and options I have! At this time I am still a little reluctant
to move along with an investigation, but that might change in the
future. Thank you for meeting with me.

See Exhibit 19.

On or about February 14, 2019, Jane Doe 13 emailed Werner referencing

their prior meeting and prior discussion of the possibility of issuing a no
contact letter to Jane Doe 13’s assailant. On the same day, Werner responded
to Jane Doe 13 asking to set up a meeting to discuss the potential no contact
letter and to ensure Jane Doe 13 was “safe and comfortable.” Jane Doe 13 and
Werner agreed on a meeting time, and Jane Doe 13 thereafter canceled the
meeting due to a conflict. Werner followed up with Jane Doe 13 to reschedule.
See Exhibit 20.

In this particular case, the Title IX Office took reasonable steps to

contact, support, and accommodate Jane Doe 13 following the report of her
sexual assault, including by: (1) reaching out to Jane Doe 13 on multiple
occasions to provide her with information, resources, and support, (2) meeting
with Jane Doe 13, and (3) attempting to assist Jane Doe 13 with the issuance of
a no contact letter.

Ultimately, despite the Title IX Office’s outreach and support, Jane Doe
13 declined to pursue and/or participate in any Title IX investigation.

Except as so admitted, denied.

750. Defendant Werner told JANE DOE 13 that she was not required to

report her rape to the police because Bujaki’s name was not in the system.

ANSWER:

Denied. It is specifically denied that Werner made the referenced

statement regarding JD6 not being in “the system.”

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By way of further response, Werner chose to pursue a career focused on

helping survivors. Her role was, among other things, to respond to complaints
of sexual assault and provide complainants with general support and
information about their options of choosing to pursue a Title IX investigation
and/or reporting the subject incident to police or, if they chose, deciding not to
pursue an investigation. As Title IX Coordinator, it was Werner’s practice to
explain to an alleged victim of sexual assault the benefit of reporting an assault
to the police and creating a record of the victim’s account of the incident so
that, if at some point in the future the victim wanted to pursue criminal charges
against the assailant, the victim’s statement would already be on file with the
police. It was also Werner’s practice to offer to accompany such a person to
the to the police station to assist them with making such a report to the police.

751. During the three weeks between Bujaki’s rape of JANE DOE 13 and

JANE DOE 15, Defendant Werner met with Bujaki and worked with him to help

clear his name regarding his sexual assault of JANE DOE 13.

ANSWER:

Admitted in part and denied in part. It is specifically denied that Werner

“work[ed] with” or helped JD6 “clear his name.” By way of further response,
the University admits that on or about October 30, 2018, JD6 emailed Werner
to request a meeting to discuss what he referred to as “an unfortunate event
that [had] come up . . . .” In his request for a meeting, JD6 did not mention
Jane Doe 13.

In response to JD6’s request for a meeting, Werner met with JD6. As

Title IX Coordinator, Werner’s role was, among other things, to explain the
process of investigations to students who made a complaint of or were accused
of Title IX-related misconduct and to provide information and support to such
students. Werner acted properly and within the scope of her duties in this role
by agreeing to meet with JD6, who had reached out specifically for information
concerning what JD6 apparently believed to be an allegation of sexual assault
against him.

Werner did not in any way “work with” JD6 or “help him clear his
name.” Ultimately, Jane Doe 13 met with Werner and learned of her options,
but nevertheless chose not to pursue a Title IX investigation against JD6. Sixth

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Circuit case law requires that a university provide an accused student with an
opportunity to cross-examine his/her accuser in the presence of a neutral fact
finder as part of a Title IX adjudication. See Doe v. Baum, 903 F.3d 575 (6th
Cir. 2018); Doe v. Univ. of Cincinnati, 872 F.3d 393 (6th Cir. 2017).

Except as so admitted, denied.

752. This pattern of conduct by Defendant Werner–namely, deterring sexual

assault victims from reporting and investigating their assailant(s) and then, in turn,

working with the victims’ alleged assailant(s) to help vindicate them– was followed

with the same common scheme and plan used in prior claims of assault, particularly

when she met with Hernandez and McWilliams.

ANSWER:

Denied. By way of further response and to the contrary, Werner chose

to pursue a career focused on helping survivors. Her role was, among other
things, to respond to complaints of sexual assault and provide complainants
with general support and information about their options of choosing to pursue
a Title IX investigation and/or reporting the subject incident to police or, if they
chose, deciding not to pursue an investigation. In the event that a complainant
decided to move forward with a Title IX investigation, Werner would assign an
investigator to interview parties and witnesses. Additionally, as Title IX
Coordinator, it was Werner’s practice to explain to an alleged victim of sexual
assault the benefit of reporting an assault to the police and creating a record of
the victim’s account of the incident so that, if at some point in the future the
victim wanted to pursue criminal charges against the assailant, the victim’s
statement would already be on file with the police. It was also Werner’s
practice to offer to accompany such a person to the police station to assist them
with making such a report to the police. During her tenure as Title IX

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Coordinator at the University, Werner acted diligently and tirelessly to provide

support, information, resources, and accommodations to victims of sexual
assault.

753. During these communications with Bujaki, Defendant Werner kept

Bujaki from being expelled from EMU’s campus.

ANSWER:

Denied. The University categorically denies the allegation that JD6 was
assisted in not being expelled from EMU and/or assisted in not being punished
by Title IX. Further responding, after meeting with Werner and being
apprised of her options, Jane Doe 13 chose not to pursue a Title IX
investigation against JD6. See Exhibit 19.

Sixth Circuit case law requires that a university provide an accused

student with an opportunity to cross-examine his/her accuser in the presence
of a neutral fact finder as part of a Title IX adjudication. See Doe v. Baum,
903 F.3d 575 (6th Cir. 2018); Doe v. Univ. of Cincinnati, 872 F.3d 393 (6th Cir.
2017).

With respect to the alleged assault of Jane Doe 15, Jane Doe 15 did not
notify the Title IX Office of her alleged assault; therefore, it was not possible
for the Title IX Office to investigate JD6’s alleged actions and determine
whether he engaged in the alleged misconduct.

754. Defendant Werner did not report Bujaki as a potential suspect of sexual

assault to either EMUPD or to YPD.

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ANSWER:

The University admits that Werner did not report JD6 as having
assaulted Jane Doe 15 to EMUPD and/or YPD because Jane Doe 15 did not
report her alleged assault to Werner. As a result, Werner had no way of
knowing about the alleged assault or of reporting it to EMUPD and/or YPD.
Except as so admitted, denied.

755. Defendant Werner’s failure to report Bujaki to proper authorities

violated EMU’s Title IX policies as well as the applicable laws in the State of

Michigan and constituted misconduct of her duties as EMU’s Title IX Coordinator.

ANSWER:

Denied.

756. Because Defendant Werner never reported Bujaki as a potential suspect

of sexual assault to proper authorities, Bujaki was free to rape other females,

including JANE DOE 15.

ANSWER:

Denied.

757. Less than a month elapsed between Bujaki’s rape of JANE DOE 13 and

his rape of JANE DOE 15.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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758. JANE DOE 15 confided in her aunt about Bujaki’s rape, telling her that

she could not report the assault because she was afraid of the process, indicating that

she had no protection or recourse.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Bujaki
759. Bujaki went to high school with Hernandez, and that it was Hernandez

who influenced Bujaki to become a member of DTD – Chapter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

760. Bujaki sought and received guidance from Hernandez to “clear his

name” in regard to his sexual assault of JANE DOE 13.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

761. Hernandez told Bujaki that Defendant Werner helped him (Hernandez)

a lot when he and McWilliams were reported to have raped a woman in 2018.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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762. Bujaki was aware of the fact that he had sexually assaulted JANE DOE

15. Further, Bujaki was aware he had been accused of a previous sexual assault

during his sophomore year at EMU.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

763. Bujaki sent JANE DOE 15 a message via Snapchat during the summer

of 2019. JANE DOE 15 had blocked all contact with Bujaki following the rape and

thus, did not reply.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

764. Around the same time, Bujaki sent a personal message to JANE DOE

15 via Instagram again attempting to make contact with her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

765. Although EMU and DTD – Chapter and/or DTD – National had been

made aware of Bujaki’s rape of JANE DOE 13 on October 16, 2018, no steps were

taken to ensure that women on campus were protected, permitting Bujaki to remain

at DTD - Chapter where he went on to assault other women, including JANE DOE

15.

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ANSWER:

This allegation appears to be directed to defendants other than the

University; thus, the University lacks sufficient knowledge or information to
form a belief as to the truth of the allegations of this paragraph and they are
therefore denied. However, to the extent that this allegation is in any way
directed at the University, it is denied. By way of further response, Jane Doe
15 did not notify EMUPD or the Title IX Office of her alleged assault; therefore,
they could not offer resources, support, accommodations or otherwise respond
to the alleged incident.

JANE DOE 16

766. JANE DOE 16 enrolled at EMU in the Fall of 2017.

ANSWER:

Admitted.

767. JANE DOE 16 met her assailant, Clayton Sigmann (“Sigmann”), in the

Fall of 2017 during her freshman year at EMU as the two lived on the same floor of

Wise Hall on EMU’s campus.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

768. Prior to her assault, JANE DOE 16 and Sigmann had consensual sex on

approximately two occasions.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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769. However, JANE DOE 16 hadn’t seen or spoken with Sigmann for

approximately one year prior to her assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Night of the Assault

770. On or around September 23, 2018, JANE DOE 16 attended a registered

fraternity party at TC – Chapter’s fraternity house located at 510 West Cross Street

in the city of Ypsilanti, Michigan.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

771. On information and belief, the party at TC – Chapter’s fraternity house

(“Theta Chi party”) was the first IFC-sanctioned party of the school year, meaning

TC – Chapter had to first seek approval and permission for the party, as well as

subsequently following rules and regulations put into place by IFC. Per the rules and

regulations, TC – Chapter was required to have “sober monitors" at the side door to

the house - the side door was the sole entry and exit point, no doors were to be

locked, the basement cellar was off-limits, all partygoers were required to bring and

consume their own alcohol, and all partygoers were required to be on a list to gain

entry.
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ANSWER:

The University admits that there was an Interfraternity Council and

Panhellenic Council Greek Social Policy (“Social Policy”) which provided, inter
alia, rules concerning certain parties and social gatherings held by
organizations affiliated with the University’s Interfraternity Council or College
Panhellenic Council. To the extent that the allegations of this paragraph
reference the specific contents of the Social Policy, the content of that document
speaks for itself, and therefore no further response is required and any
characterizations of said document are denied. The University lacks sufficient
knowledge or information to form a belief as to the truth of the remaining
allegations of this paragraph and they are therefore denied.

772. The Theta Chi party was TC – Chapter’s first social event of the year

and the first IFC-sanctioned Greek Life party of the school year.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

773. The Theta Chi party was the first Greek Life party to follow EMU’s

ban on Greek Life parties.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

774. TC – Chapter had been disbanded approximately twenty (20) years

prior to the Theta Chi party due to a sexual assault incident. TC – Chapter was

recolonized and officially recognized as a sanctioned fraternity on EMU’s campus

on or around March 2017, approximately eighteen (18) months prior to the Theta

Chi party.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

775. Sigmann was a “founding father” of TC – Chapter on EMU’s campus.

In other words, Sigmann was instrumental in reestablishing TC – Chapter’s presence

at EMU.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

776. During the Theta Chi party, JANE DOE 16 consumed a large amount

of alcohol, provided and offered by members of TC – Chapter, and became

inebriated to the point of “blacking out.” At the time, JANE DOE 16 was under the

age of twenty-one (21).

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

777. Prior to her assault, JANE DOE 16 had been in the common area of TC

– Chapter’s fraternity house dancing with friends when JANE DOE 17 suddenly

approached JANE DOE 16, aggressively grabbed her by the wrist and pulled her

towards the front door. At the same time, JANE DOE 17 was being pulled by

Sigmann. JANE DOE 16 was not aware that JANE DOE 17 was being pulled by

Sigmann, creating a chain between Sigmann, JANE DOE 17, and JANE DOE 16.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

778. Sigmann knowingly violated IFC Rules by leading JANES DOES 16

and 17 out the front door, an undesignated and unmonitored point of exit.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

779. Without explanation, Sigmann dragged both women out of the front

door and beyond the sight of the “sober monitors,” who were required to overlook

the safety of partygoers, including but not limited to JANE DOE 16 and JANE DOE

17.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

780. Sigmann led JANE DOE 16 and JANE DOE 17 to the rear of the house

and down a staircase into the basement cellar, a locked area only accessible from the

exterior of the house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

277
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781. Sigmann unlocked the cellar door, led both women into the cellar, and

immediately locked the door behind them. At this point, JANE DOE 16 was not free

to leave.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

782. JANE DOE 16 looked around the cellar and noted that the room

consisted of only a small table and a dirty sectional couch. JANE DOE 16 further

noted that the walls of the cellar were made of fieldstones and the floor was dirt.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

783. JANE DOE 16, at that point very inebriated and unable to consent to

sexual activity, immediately became anxious and uncomfortable upon realizing that

no other partygoers were present in the cellar.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

784. Due to her intoxication, anxiety, and sudden panic, JANE DOE 16 lost

consciousness. When JANE DOE 16 awoke, she found Sigmann naked and fully

erect lying on the couch. JANE DOE 16 blacked out again from intoxication and

panic.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

785. Moments later, JANE DOE 16 regained consciousness. When she came

to, JANE DOE 16 realized that she was fully nude and that Sigmann had his erect

penis inside of her. JANE DOE 16 could not remember how she became undressed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

786. JANE DOE 16 began to experience the initial stages of a panic attack.

She then stood up and placed distance between herself and Sigmann.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

787. Sigmann peered over to JANE DOE 17 and proclaimed, “it’s her turn.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

788. JANE DOE 16 quietly walked towards the side of the room in an

attempt to locate her phone and message for help.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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789. JANE DOE 16 sent a message via Snapchat to her friend and member

of TC – Chapter, Andrew Guillaume (“Guillaume”), who was also a sober monitor

at the Theta Chi party. In the message, JANE DOE 16 asked Guillaume to rescue

her and JANE DOE 17 from the cellar.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

790. As JANE DOE 16 began putting her clothes back on in the corner of

the cellar, she noticed that JANE DOE 17 was with Sigmann and that JANE DOE

17 appeared to be in and out of consciousness. JANE DOE 16 witnessed Sigmann

insert his erect penis into JANE DOE 17.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

791. At some point shortly thereafter Sigmann began masturbating,

eventually ejaculating onto JANE DOE 17’s hands and face whereupon JANE DOE

17 objected, yelling, “gross.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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792. Guillaume then started to bang on the cellar door, demanding that

Sigmann let him inside. Sigmann refused. and attempted to barricade the door from

inside, preventing Guillaume from entering.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

793. As Guillaume continued banging on the door and demanding to be let

inside, Sigmann attempted to coerce JANE DOE 16 and 17 into telling Guillaume

that the two women came to the cellar with Sigmann of their own volition and that

“everything was fine.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

794. Guillaume began to break down the door as Sigmann continued to

barricade it from inside. Guillaume eventually gained entry by bending the door off

of its hinges.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

795. Guillaume forced his way into the cellar while Sigmann hid behind the

door. Both women were escorted out of the cellar stunned and in shock from what

had just occurred.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

796. After a brief conversation, Guillaume left JANE DOE 16 alone in a

gravel lot near the top of the cellar. JANE DOE 16 collapsed and began to sob over

what had just occurred. JANE DOE 16 and JANE DOE 17 were eventually escorted

to the Alpha Sigma Phi – Chapter’s fraternity house by members of Alpha Sigma

Phi – Chapter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

797. Upon arrival at Alpha Sigma Phi – Chapter’s fraternity house, both

JANE DOE 16 and JANE DOE 17 sat in silence as members tried to console them.

A member of Alpha Sigma Phi – Chapter eventually drove both women to JANE

DOE 17’s home.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

The Aftermath
798. The following morning, JANE DOE 16 experienced the worst hangover

of her life. In addition, her urine was full of blood, which was concerning because

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JANE DOE 16 was not on her menstrual cycle. JANE DOE 16 attributed the vaginal

bleeding to her sexual assault the previous evening.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

799. JANE DOE 16 also suffered from bruising in her inner thigh and a

sprained wrist from being aggressively dragged out of TC – Chapter’s fraternity

house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Jane Doe 16 Reports Her Rape to Title IX and YPD

800. JANE DOE 16 and JANE DOE 17 initially avoided talking about the

assault until JANE DOE 16, just two days later, broke down and became unable to

control the flashbacks, depression, and crying fits she was experiencing post-assault.

Both women then agreed to go to the Ypsilanti Police Department (“YPD”) to report

their assaults.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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801. During the investigation, YPD advised JANE DOE 16 to have a Sexual

Assault Nurse Examination (“SANE”) performed after the interview.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

802. The morning following the assault, JANE DOE 16 began to receive

messages via Snapchat from Sigmann.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

803. In the messages, Sigmann asked JANE DOE 16 if she had spoken with

Guillaume about the rape and again badgering her to lie and tell Guillaume that

Sigmann and the two women had gone to the cellar consensually so that they could

smoke.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

804. Because JANE DOE 16 also came into contact with Sigmann multiple

times during Greek life events, she no longer attended those events.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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805. JANE DOE 16 continued to see Sigmann throughout campus, including

at a baseball game and at Walmart. She eventually began skipping class and staying

out of the public so as to avoid seeing him.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

806. At some point, JANE DOE 16 and JANE DOE 17 go together to report

their sexual assaults to Defendant Martin, EMU’s Greek Life Coordinator.

ANSWER:

The University admits that Jane Doe 16 and Jane Doe 17 met with
Martin in September 2018 at which time Jane Doe 16 and Jane Doe 17
informed Martin that they had been the subject of non-consensual sexual
contact. Martin promptly reported the information to Werner.

807. The two women provide details to their respective rapes in an effort to

obtain protection and assistance from EMU’s Title IX department.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

The allegations concerning Jane Doe 16 do not appear in any way to

allege that the University or its employees or agents acted inappropriately with
respect to their response to Jane Doe 16’s alleged assault. However, to the
extent that Jane Doe 16 does make such an allegation, the University responds
as follows.

The University’s Title IX Office responded to the report of Jane Doe 16’s
assault promptly, reasonably, and diligently. The Title IX Office conducted an
investigation into Jane Doe 16’s complaint, issued a no-contact order between
Jane Doe 16 and JD8, and provided regular updates throughout the Title IX
285
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investigation. Additionally, the Title IX Office worked with Jane Doe 16 to

connect her to resources and facilitate academic accommodations as needed.

JANE DOE 17

808. JANE DOE 17 enrolled at EMU in the Fall of 2016.

ANSWER:

Admitted.
809. On or about September 23, 2018, JANE DOE 16 was attending a

registered fraternity party at TC – Chapter’s fraternity house (“Theta Chi party”)

located at 510 West Cross Street, City of Ypsilanti, State of Michigan. Prior to the

Theta Chi party, JANE DOE 17 had never before met Sigmann.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

810. During the Theta Chi party, JANE DOE 17 consumed large amounts of

alcohol with partygoers and her fellow sorority sisters, including JANE DOE 16,

and became extremely intoxicated. At the time, JANE DOE 17 was under the age of

twenty-one (21).

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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811. At or around 1:00 a.m., as JANE DOE 17 was in the common room of

the fraternity house where the Theta Chi party was taking place, she was abruptly

and forcibly grabbed by an unknown male, who later turned out to be Sigmann.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

812. JANE DOE 17 had never previously met Sigmann and did not know

why he was forcibly dragging her through the crowd of partygoers and towards the

front of the house. As Sigmann continued aggressively escorting JANE DOE 17 to

the front exit, a fearful JANE DOE 17 grabbed the wrist of JANE DOE 16.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

813. Sigmann continued to drag both women beyond the sight of the “sober

monitors,” to the rear of the house and down a staircase leading into the fraternity’s

basement cellar.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

814. Sigmann unlocked the cellar door, brought both women down into the

cellar, and immediately locked the door behind them.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

815. JANE DOE 17, was very intoxicated and looked at JANE DOE 16 in

bewilderment as she heard Sigmann tell the two women, “don’t start without me.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

816. JANE DOE 17 then observed Sigmann sitting naked on the couch with

an erection as he asked the women, “who’s first?”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

817. JANE DOE 17 then lost consciousness. Moments later, when JANE

DOE 17 came to, she observed that JANE DOE 16 was naked.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

818. Sigmann then turned to JANE DOE 17 and announced, “it’s her turn.”

The next thing JANE DOE 17 remembered was being naked and looking down at

Sigmann with his erect penis inside her.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

819. JANE DOE 17 forced herself off of Sigmann, but he continued to

assault her, masturbating to the point of ejaculation onto JANE DOE 17’s hand and

face.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

820. In shock, JANE DOE 17 began to wipe off the seminal fluid on her face

using her hands and clothes.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

821. As JANE DOE 17 was getting dressed, Guillaume kicked in the cellar

door and escorted both her and JANE DOE 16 out of the cellar and upstairs where

they were met by several partygoers.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

822. JANE DOE 17 and JANE DOE 16 were then escorted to the Alpha

Sigma Phi – Chapter’s fraternity house. A member of the fraternity eventually took

both women back to JANE DOE 17’s home.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

823. The following morning, JANE DOE 17 noticed bruising on her inner

thigh, bruising on her arm where Sigmann had grabbed her, and bleeding in her anus.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Jane Doe 17 Reports Her Rape to Title IX and YPD

824. JANE DOE 17 and JANE DOE 16 initially avoided talking about the

assault until JANE DOE 16, just two days later, broke down and became unable to

control the flashbacks, depression, and crying fits she was experiencing post-assault.

Both women then agreed to go to the Ypsilanti Police Department (“YPD”) to report

their assaults.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

825. During the investigation, YPD advised JANE DOE 17 to have a Sexual

Assault Nurse Examination (“SANE”) performed after the interview.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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826. At some point, JANE DOE 16 and JANE DOE 17 go together to report

their sexual assaults to Defendant Martin, EMU’s Greek Life Coordinator.

ANSWER:

827. The two women provide details to their respective rapes in an effort to

obtain protection and assistance from EMU’s Title IX department.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

The allegations concerning Jane Doe 17 do not appear in any way to

allege that the University or its employees or agents acted inappropriately with
respect to their response to Jane Doe 17’s alleged assault. However, to the
extent that Jane Doe 17 does make such an allegation, the University responds
as follows.

The University’s Title IX Office responded to the report of Jane Doe 17’s
assault promptly, reasonably, and diligently. The Title IX Office conducted an
investigation into Jane Doe 17’s complaint, issued a no-contact order between
Jane Doe 17 and JD8, and provided regular updates throughout the Title IX
investigation. The Title IX Office worked with Jane Doe 17 to connect her to
resources and facilitate academic accommodations as needed.

JANE DOE 18

828. JANE DOE 18 enrolled at EMU in the Fall of 2014.

ANSWER:

Admitted.

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829. JANE DOE 18 pledged at the Alpha Xi Delta sorority in the Fall of

2014 during her first semester at EMU. As a result, JANE DOE 18 became friends

with members of local fraternities, including Thomas Hernandez (“Hernandez”) and

D’Angelo McWilliams (“McWilliams”).

ANSWER:

The University admits that Jane Doe 18 joined Alpha Xi Delta in fall of
2014, which was during her first semester at Eastern Michigan University. The
University lacks sufficient knowledge or information to form a belief as to the
truth of the remaining allegations of this paragraph and they are therefore
denied.

830. Prior to her first sexual assault at DTD – Chapter’s fraternity house,

JANE DOE 18 had been romantically involved with Hernandez. As such, JANE

DOE 18 had visited Hernandez at his residence on various occasions and knew that

Hernandez and McWilliams shared a room at DTD – Chapter’s fraternity house.

ANSWER:
The University lacks sufficient knowledge or information to form a belief
as to the truth of the allegations of this paragraph and they are therefore denied.

831. Prior to her first assault at DTD – Chapter’s fraternity house, JANE

DOE 18 and McWilliams had developed a friendly but platonic relationship. The

two shared many classes together at EMU as both were criminal justice majors.

ANSWER:

The University admits that Jane Doe 19 and JD1 majored in criminology
and criminal justice at Eastern Michigan University; however, the University
denies that Jane Doe 19 and JD1 took any of the same classes during the same
semester. The University lacks sufficient knowledge or information to form a
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belief as to the truth of the remaining allegations of this paragraph and they are
therefore denied.

First Rape

832. On or about the end of September 2016 or the beginning of October

2016, JANE DOE 18 attended a party at DTD – Chapter’s fraternity house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

833. During the party, members of DTD – Chapter served alcohol to JANE

DOE 18 and others. At the time, JANE DOE 18 was under the age of twenty-one

(21). Throughout the night, JANE DOE 18 consumed a large amount of said alcohol

and became extremely intoxicated.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

834. As the party was winding down, JANE DOE 18 began feeling sick and

went to lay down in Hernandez’s bed, who also shared a room with McWilliams.

When she arrived, she noticed that McWilliams was asleep in his own bed. JANE

DOE 18 then joined Hernandez in his bed, and the two started to engage in sex.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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835. At this point, JANE DOE 18 “blacked out” from the effects of the

alcohol she consumed. When she briefly came to, JANE DOE 18 became horrified

as she realized that McWilliams was sexually penetrating her from behind and

Hernandez was sexually penetrating her from the front. Moments later, JANE DOE

18 “blacked out” again.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

836. Despite her prior relations with Hernandez, JANE DOE 18 had neither

consented to engage in group sex with Hernandez and McWilliams nor to engage in

sexual relations in any capacity with McWilliams.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

837. The next day, JANE DOE 18 asked Hernandez to explain his account

of what occurred the previous night with her, Hernandez, and McWilliams.

Hernandez replied, “nothing happened.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

838. Within days of JANE DOE 18’s first sexual assault by Hernandez and

McWilliams, JANE DOE 18 was approached by various members of DTD - Chapter

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saying that they did not realize JANE DOE 18 was the “type of girl” to engage in

group sex with Hernandez and McWilliams. The “type of girl” references meant to

imply that JANE DOE 18 was sexually promiscuous.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

839. On or around Homecoming 2016 at EMU, JANE DOE 18 approached

Hernandez at a tailgate to ask why members of his fraternity were suggesting that

she had engaged in consensual group sex with Hernandez and McWilliams when

Hernandez had told JANE DOE 18 that “nothing happened.” In response, Hernandez

maintained that nothing happened that evening.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Second Rape

840. A few weeks later, on or around the end of October 2016, JANE DOE

18 and her roommate went to DTD – Chapter’s fraternity house for a social

gathering.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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841. JANE DOE 18 and her roommate consumed alcohol prior to arriving

at DTD – Chapter’s fraternity house but were nonetheless served alcohol by

members of the DTD - Chapter upon arrival.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

842. Shortly after arriving, the roommate and her boyfriend left JANE DOE

18 inside of a random bedroom, alone. JANE DOE 18, although mildly intoxicated,

realized she was lost inside DTD – Chapter’s fraternity house, so she sent a message

to McWilliams saying she was drunk and asking him to come to find her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

843. Minutes later, McWilliams arrived at the bedroom JANE DOE 18 was

in and told her to come with him. At this point, JANE DOE 18 believed McWilliams

to be a friend and assumed he wished to take her back to where her friends were

inside the house.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

844. McWilliams then took JANE DOE 18 by the arm and forcefully pulled

her out of the room and up multiple flights of stairs until they reached the upper level

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of the fraternity house. McWilliams then brought JANE DOE 18 into the attic of

DTD – Chapter’s fraternity house which contained a single mattress on the floor.

McWilliams then demanded that JANE DOE 18 perform oral sex on him.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

845. JANE DOE 18 cried and told McWilliams “no.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

846. McWilliams ignored JANE DOE 18’s pleas and instead pulled down

his pants and exposed his penis to JANE DOE 18.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

847. McWilliams then forced JANE DOE 18’s head down onto his penis so

hard that she vomited.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

848. JANE DOE 18 continued sobbing as she told McWilliams that she did

not want to do anything.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

849. McWilliams only stopped his sexual assault of JANE DOE 18 upon

receiving a text message from his girlfriend. McWilliams pulled up his pants and

told JANE DOE 18 that his girlfriend messaged him saying that she was downstairs

in his room. McWilliams then left.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

850. JANE DOE 18, distraught from being raped for a second time by

McWilliams at DTD – Chapter’s fraternity house, sat alone in the attic and cried

until she was able to gather herself to leave.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

851. JANE DOE 18 was ‘blacklisted’ from Delta Tau Delta parties

following the assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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JANE DOE 19

852. JANE DOE 19 entered her freshman year at EMU in the fall of 2015

with the dream of entering the medical field.

ANSWER:

The University admits that Jane Doe 19 enrolled at Eastern Michigan

University in the fall of 2015. The University lacks sufficient knowledge or
information to form a belief as to the truth of the allegation that Jane Doe 19
entered EMU “with the dream of entering the medical field” and it is therefore
denied.

853. JANE DOE 19 met one of her assailants, Hernandez, as they were in

the same orientation group and they both resided in the same dorm at EMU as

Freshman.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

854. The following year, in the Fall of 2016, Hernandez was a Greek Life

Member at DTD – Chapter. JANE DOE 19 was in the process of going through

sorority recruitment.

ANSWER:

The University admits that JD2 was a member of Delta Tau Delta in fall
2016. The University lacks sufficient knowledge or information to form a belief
as to the truth of the remaining allegations of this paragraph and they are
therefore denied.

855. JANE DOE 19 built a friendship with Hernandez as they shared the

Greek Life orientation at EMU during the Fall of 2016.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

856. JANE DOE 19 was trusting of Hernandez as they became friends

throughout their freshman year, along with the shared experiences of Greek Life at

the beginning of the 2016 school year.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

Within 30 Days of Each Other, Jane Doe 19 and 19 are Viciously Raped
by Thomas Hernandez and D’Angelo McWilliams
857. On the night of September 25, 2016, Hernandez invited JANE DOE 19

over to DTD – Chapter’s fraternity house to “hang out.” This was not unusual as

JANE DOE 19 had hung out at the DTD – Chapter’s fraternity house before.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

858. JANE DOE 19 knew that Hernandez, although a minor, had been

drinking that evening. Further, she knew that it was common for DTD - Chapter to

allow minors to drink.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
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859. JANE DOE 19 and Hernandez agreed to watch a movie in Hernandez’s

room. When JANE DOE 19 got to the room, she met Hernandez’s roommate

McWilliams.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

860. When JANE DOE 19 introduced herself to McWilliams she stated, “I

never met you before.” McWilliams then introduced himself to JANE DOE 19 and

he oddly displayed his police badge.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

861. Hernandez turned on a movie and then turned the lights off in the room.

JANE DOE 19 felt something was off and stated that she was going to leave because

she had to get up early for a recruitment function.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

862. Hernandez told JANE DOE 19 that she did not have to go because they

were doing a joint function the next morning with DTD - Chapter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.
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863. Hernandez then grabbed JANE DOE 19’s arms pulling her down onto

his bed.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

864. Thereafter, Hernandez quickly moved his hand sliding down her inner

thigh on the outside of her clothing, rubbing her vaginal area with his hand. JANE

DOE 19 immediately told Hernandez “NO! This is not ok! I have a boyfriend!”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

865. JANE DOE 19 sat up from the bed and stated: “I am going home.”

Hernandez ordered, “No you’re not!” and grabbed her arm pulling her back down to

the bed. Hernandez then grabbed her leggings, forcefully stripping her of her clothes

as JANE DOE 19 yelled, “No, don’t do this!”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

866. JANE DOE 19 could not believe this was happening while McWilliams

stood idly. JANE DOE 19 was struggling to stop Hernandez, but she was no match

for his strength as Hernandez got on top of her. At this point, JANE DOE 19 noticed

that Hernandez had no pants on. JANE DOE 19 was pleading with Hernandez to

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stop, telling him multiple times: “No, No, Stop, No!” Hernandez would not stop as

he inserted his erect penis inside her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

867. While Hernandez was raping JANE DOE 19, McWilliams was

shouting encouragement to Hernandez by yelling: “Yeah bro yeah! Way to go bro!”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

868. As in earlier accounts, Hernandez and McWilliams began howling like

dogs as JANE DOE 19 was enduring the assault.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

869. Once Hernandez ejaculated, he rolled off JANE DOE 19 and said,

“Hey, how about giving some to my boy [McWilliams]?” JANE DOE 19, screamed

NO and got up immediately to leave the room. At this time, McWilliams exclaimed,

“Yeah, hey I didn’t get anything!” McWilliams then grabbed and forced JANE DOE

19’s head in his groin area by placing both hands on her head, shoving his penis in

her mouth.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

870. While McWilliams was forcing JANE DOE 19 to perform oral sex,

Hernandez came up from the rear and raped JANE DOE 19 again by inserted his

penis inside of her.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

871. As JANE DOE 19 was enduring this unimaginable assault, both

Hernandez and McWilliams started to howl like dogs and encourage each other with

statements like: “way to go bro!”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

872. Following the assault, McWilliams posted a photo of himself to DTD

– Chapter’s social media page with the caption: “Literally fucked a girl and kicked

her to my roommates bed 5 minutes later and he fucked her.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

873. The howling from McWilliams and Hernandez could be heard

throughout DTD – Chapter’s fraternity house. However, none of the members of

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DTD – Chapter attempted to stop Hernandez and McWilliams’ rape of JANE DOE

19. Under information and belief, they called that room “The Dog Pound.”

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

874. Vivid in JANE DOE 19’s mind is how both McWilliams and

Hernandez were laughing when they finished.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

875. JANE DOE 19, being part of Greek Life, was intimidated by both

Hernandez and McWilliams and their status. Further, JANE DOE 19 was led to

believe that nothing would happen to them because of past claims made by other

victims.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

876. Defendant Martin had direct knowledge about the sexual assault of

JANE DOE 19 and gave the information to Werner.

ANSWER:

Denied.

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877. Even though Defendant Martin and Defendant Werner had actual

knowledge of this sexual assault, they made no contact with law enforcement, failed

to reach out to JANE DOE 19, and did not follow protocol regarding sexual assaults.

ANSWER:

Denied. By way of further response, Kyle Martin did not have knowledge
about Jane Doe 19’s assault and, similarly, the Title IX Office never received a
report concerning her assault.

878. Following the rape, Hernandez would walk in the direction of JANE

DOE 19 every time he saw her on EMU’s campus. In turn, JANE DOE 19 would

continuously have to walk in different directions from Hernandez; this caused her

daily distress and fear.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

879. Subsequent to the Rape, McWilliams came into contact with JANE

DOE 19 while wearing a law enforcement uniform. JANE DOE 19 working in a

position at the hospital was required to escort McWilliams to a separate room with

a prisoner. JANE DOE 19 immediately went into a major panic attack and cried

huddling by herself over the next hour.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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880. A few close friends noticed severe changes in JANE DOE 19 and made

a CARES report through EMU.

ANSWER:

The University admits that it received a CareNetwork Report (“Report”)

expressing concerns about Jane Doe 19’s mental health on or about March 4,
2017. A graduate hall director subsequently met with Jane Doe 19 to discuss
the Report and the concerns that were shared. During that conversation, and
in email follow up, the graduate hall director encouraged Jane Doe 19 to make
an appointment with the University’s Counseling and Psychological Services.
There is no reference to any allegation of sexual assault in the Report, nor is
there any indication in the Report that Jane Doe 19 reported any sexual assault
to the graduate hall director. Except as so admitted, denied.

COUNT I
SEXUAL HARASSMENT/ASSAULT IN VIOLATION OF 20 U.S.C. §1681
(TITLE IX)
As to all EMU Defendants

881. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

882. Title IX states, in relevant part:

“No person in the United States shall, on the basis of sex,

be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any education
program or activity receiving Federal financial
assistance.” 20 USC §1681

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ANSWER:

The averments in this paragraph quote a statute, and the text of that
statute speaks for itself. Accordingly, no response is required.

883. Plaintiffs are “persons” as defined in Title IX.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

884. The U.S. Department of Education’s Office of Civil Rights has

explained that Title IX covers all programs of a school, including fraternities and

sororities, and extends to sexual harassment and assault by employees, students and

third parties.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

885. EMU is a recipient of federal funds and, as such, is subject to Title IX

of the Education Amendments of 1972, as amended, 20 USC §1681, et seq., 34 CFR

§106.31.

ANSWER:

Admitted.

886. Pursuant to Title IX, EMU is prohibited from discriminating on the

basis of sex.

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ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

887. EMU Defendants are required to investigate allegations of sexual

assault, sexual abuse, and sexual harassment pursuant to Title IX.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

888. EMU Defendants are considered appropriate persons and/or mandated

reporters for Title IX purposes, and based on EMU’s definition of a “Responsible

Employee” under its own Sexual Misconduct and Interpersonal Violence Policy

(effective July 1, 2016), because they had/have the authority to:

a. Address and/or report sex discrimination;

b. Address and/or report sexual misconduct and/or sexual abuse;

c. Request investigations; and/or
d. Institute corrective measures.
ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

889. Plaintiffs were students and/or guests at EMU when they were

subjected to, based upon their sex, known sexually hostile environments, systemic

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sexual harassment, sexual assaults, abuse, and/or otherwise prohibited conduct by

members of EMU’s fraternities and sororities, constituting Title IX violations.

ANSWER:

The University admits that Jane Does 1-11 and 13-19 were students at
Eastern Michigan University. The University specifically denies that Jane Doe
12 was ever a student enrolled at Eastern Michigan University. The University
lacks sufficient knowledge or information to form a belief as to the truth of the
allegation that Jane Doe 12 was a “guest at EMU” and it is therefore denied.
The remaining allegations of this paragraph are denied.

890. Plaintiffs were participants in activities and programs of EMU at the

time they were subjected to, based upon their sex, known sexually hostile

environments, systemic sexual harassment, sexual assaults, abuse, and/or otherwise

prohibited conduct by members of EMU’s fraternities and sororities, constituting

Title IX violations. These “activities” and/or “programs” were part of the operations

of and sanctioned by EMU.

ANSWER:

Denied.

891. EMU Defendants had actual knowledge of the pervasive culture of

sexual assaults being treated as acceptable that had been created and cultivated by

EMU for many years.

ANSWER:

Denied.

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892. EMU Defendants had actual knowledge that this pervasive culture of

sexual assaults at EMU would lead to more sexual assaults, such as those suffered

by Plaintiffs.

ANSWER:

Denied.

893. EMU Defendants had actual knowledge of Defendant Fraternities’ sex

discrimination, sexual harassment, sexual assaults, and other misconduct against

Plaintiffs.

ANSWER:

Denied.

894. The sex discrimination, sexual harassment, sexual assaults, and other

misconduct suffered by Plaintiffs was severe, pervasive, and objectively offensive.

ANSWER:

Denied.

895. One or more administrators or officials of Defendants EMU Regents,

and/or EMUPD, including but not limited to Defendants Werner, Martin, Heighes,

and Karrick, (a) possessed authority to take corrective and preventative action on

Plaintiffs’ behalf, (b) had substantial control over the assailants, campus locations

where the assaults occurred, and the context in which the sex discrimination, sexual

harassment, sexual assaults, rapes and other prohibited conduct occurred, (c) were

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capable of determining a resolution for preventing the prohibited conduct committed

by third-parties on EMU’s campus and/or at EMU-sanctioned events, (d) had actual

notice of said discrimination and failed to adequately respond, and (e) failed to

provide security in violation of Title IX and EMU’s own policies designed, drafted,

and enacted by EMU Defendants. EMU Defendants’ failures were clearly

unreasonable in light of surrounding circumstances and amounted to deliberate

indifference toward the repeated sex discrimination, sexual harassment, sexual

assaults, rapes and other prohibited conduct suffered by Plaintiffs.

ANSWER:

Denied.

896. Pursuant to Title IX, EMU Defendants were required to investigate

reported, known, and/or repeated sex discrimination, sexual harassment, sexual

assaults, and/or other prohibited conduct, including but not limited to prohibited

conduct by members and representatives of Defendants ASP – Chapter, DTD –

Chapter, TC – Chapter and SK – Chapter.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied. By way of further response,
the University investigates and adjudicates all complaints of sexual misconduct
that it is able to based on the participation and information contributed by
survivors.

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897. EMU Defendants had the proper Title IX policies to investigate known

repeated sex discrimination, sexual harassment, sexual assaults and other

misconduct committed within EMU’s Greek Life.

ANSWER:

Denied as stated. It is admitted that the University had proper Title IX

policies at all times relevant to Plaintiffs’ claims. It is denied that they had
sufficient information or a legal obligation to investigate any of Plaintiffs’
allegations in the absence of a report or participation by any of the Plaintiffs.
Except as so admitted, denied.

898. Defendant Werner gave a PowerPoint presentation to incoming

students during orientation explaining EMU’s Title IX policies and procedures. By

Defendant Werner’s own admissions via her presentation:

a. “[Title IX] requires schools to have a Title IX coordinator

(Defendant Werner) whose job is to respond effectively to any
complaints of sexual discrimination.” (Emphasis added.)

b. “If something were to happen to you, or if you hear about

something happening to one of your friends, simply contact
[Defendant Werner].” (Emphasis added.)

c. “When should you talk to [Defendant Werner]? If something has

happened to you, if something has happened to a friend, or if
you have a concern or a question.” (Emphasis added.)

d. “Also please be aware there is no time limit.” (Emphasis added.)

e. “It is very common for individuals who have experienced some

type of sexual violence to hold it in and not tell anybody for
quite a while. It could be a week, it could be a month, it might
be three years later before they’re ready to come and talk and
get the help that they might need. And that is OK. There is no
time limit.” (Emphasis added.)

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ANSWER:

The University admits that Werner gave a PowerPoint presentation to

incoming students during orientation at the University, during which time she
made various statements, including those listed in subparagraphs (a) through
(e) of this paragraph. Except as so admitted, denied.

899. EMU Defendants failed to adhere to said policies. This failure included,

but was not limited to, improper customs, policies and/or procedures for the

identification, reporting, investigation and prevention of unlawful discrimination,

turning away victims of sexual assault, turning away advocates reporting on behalf

of victims of sexual assault, and failing to properly investigate any and all claims of

sexual assault. Said failures were clearly unreasonable in light of surrounding

circumstances amounted to deliberate indifference toward repeated sex

discrimination, sexual harassment, and other misconduct.

ANSWER:

Denied.

900. When presented with a complaint of sexual assault, Defendant Werner

would act as the final decision-maker as to which complaints were worthy of a Title

IX investigation.

ANSWER:

Denied.

901. Defendant Werner has stated the following to one or more Plaintiffs:

a. Only the victim can report the assault;

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b. There is no point in reporting it;

c. That based on Plaintiffs’ appearance and/or clothing, they were

promiscuous;
d. The process of reporting is arduous;

e. Their claims lacked merit;

f. Members of Greek Life would be believed over Plaintiffs; and,

g. YPD will not believe Plaintiffs and will not want to investigate
their claims.

ANSWER:

Denied.

902. EMU Defendants possessed actual knowledge of sex discrimination,

sexual harassment, sexual assaults and other prohibited misconduct occurring on

campus via reports submitted by victims, reports anonymously submitted on behalf

of victims, and their knowledge of general Greek Life culture at EMU which is

known to include alcohol, minors consuming alcohol, illicit drugs, parties, and sex.

ANSWER:

Denied.

903. A glimpse into the Greek Life culture at EMU is captured by Deputy

Chief of Police Karrick’s attempt to explain Title IX to Detective Coppock with the

Ypsilanti PD, further establishing EMU Defendants actual knowledge. (Detective

Coppock is the Officer in Charge of the criminal investigation against the

defendants). “...If you have a campus that has a lot of rapes or guys that are catcalling

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girls or that type of culture, ‘No’ means ‘yes’ and ‘yes’ means ‘anal,’ then Title IX

comes into play to say this is not a safe school for girls to be attending because they

cannot get an equal opportunity to get an education with this type of stuff going on.”

(Hereinafter “Karrick’s Title IX Description”)

ANSWER:

Admitted in part and denied in part. The University lacks sufficient

often dissuaded by Defendants to report because of the aforementioned

representations.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

905. In some instances, Plaintiffs, and those seeking assistance on behalf of

Plaintiffs anonymously, report the sexual assaults to EMU’s Greek system and local

chapters, trusting that members of the same would follow their own bylaws and
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regulations. In response, Plaintiffs were ostracized by certain Defendants, as well as

the entire Greek community, believing they had lied.

ANSWER:

Denied as to the University and the EMU Individual Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

906. EMU Defendants’ conduct, coupled with their failures to investigate,

prevent, and protect from known and repeated systemic sex discrimination, sexual

harassment, sexual assaults, and other misconduct to countless female students,

including Plaintiffs, were clearly unreasonable in light of surrounding circumstances

and demonstrated deliberate indifference. Moreover, Defendants’ conduct deviated

significantly from the requirements and obligations contained in both federal laws,

as well as EMU’s policies and procedures.

ANSWER:

Denied.

907. EMU Defendants, with actual knowledge of repeated Title IX

complaints stemming from prohibited and pervasive conduct, acted clearly

unreasonably in light of surrounding circumstances and with deliberate indifference

resulting in Plaintiffs being “excluded from participation in” and/or “denied the

benefits of” Defendant EMU, and its Title IX protections.

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ANSWER:

Denied.

908. Defendants ASP – Chapter, DTD – Chapter, TC – Chapter and SK –

Chapter demonstrated policies and practices of covering up sexual misconduct by its

members: (a) failing to report sexual misconduct committed by its members to law

enforcement or relevant EMU administrators, including but not limited to EMU

Defendants (in violation of pertinent EMU Greek Life bylaws); (b) engaging in ad-

hoc, internal disciplinary procedures that failed to properly discipline members that

engaged in sexual misconduct; (c) engaging in unequal investigatory procedures that

improperly favored male Greek community members accused of engaging in sexual

misconduct over their female student victims; (d) discrediting student victims of

sexual misconduct committed by its members; (e) tolerating and tacitly approving

systemic sexual violence committed by fraternity members; and (f) creating an

atmosphere whereby the rules applicable to all students did not apply to fraternity

members, especially those members of Defendants ASP – Chapter, DTD – Chapter,

TC – Chapter and SK – Chapter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

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909. EMU Defendants further acted clearly unreasonable in light of

surrounding circumstances and with deliberate indifference to known acts of sexual

assault, abuse, and molestation on its premises by:

a. Failing to investigate and address other victim’s allegations as

required by Title IX;

b. Failing to adequately investigate and address the complaints

regarding EMU’s Greek Life members’ conduct; and

c. Failing to institute corrective measures to prevent EMU’s Greek

Life members from violating and sexually abusing other students
and individuals, including Plaintiffs.

ANSWER:

Denied.

910. Defendants’ responses were clearly unreasonable in light of the known

circumstances, as members of EMU’s Greek system and others continued to sexually

assault EMU students until 2020 when YPD began its investigation.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

911. EMU Defendants’ failure to promptly and appropriately investigate,

respond to, and remedy the sexual assaults after receiving notice, subjected Plaintiffs

to further harassment and a sexually hostile environment, effectively denying their

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access to educational benefits and opportunities at EMU, including but not limited

to, Title IX protections.

ANSWER:

Denied.

COUNT II
SEX DISCRIMINATION/SEXUALLY HOSTILE EDUCATIONAL
ENVIRONMENT IN VIOLATION OF 20 U.S.C. §1681
(TITLE IX)
AS TO ALL EMU DEFENDANTS

912. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

913. Title IX states, in relevant part:

“No person in the United States shall, on the basis of sex,

be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any education
program or activity receiving Federal financial
assistance.” 20 USC §1681.

ANSWER:

The averments in this paragraph quote a statute, and the text of that
statute speaks for itself. Accordingly, no response is required.

914. Plaintiffs are “persons” as defined in Title IX.

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ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

915. The U.S. Department of Education’s Office of Civil Rights has

explained that Title IX covers all programs of a school, including fraternities and

sororities, and extends to sexual harassment and assault by employees, students and

third parties.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

916. EMU is a recipient of federal funds and, as such, is subject to Title IX

of the Education Amendments of 1972, as amended, 20 USC §1681, et seq., 34 CFR

§106.31.

ANSWER:

Admitted.

917. Pursuant to Title IX, EMU is prohibited from creating and/or

maintaining a sexually hostile educational environment.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

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918. EMU Defendants, through their actions and inactions, fostered and

condoned a sexually hostile educational environment that victimized and damaged

Plaintiffs.

ANSWER:

Denied.

919. EMU officials at the highest levels, including EMU Defendants, knew

or should have known of the sexually hostile environment within EMU and its Greek

system and did nothing when action was required by law.

ANSWER:

Denied.

920. Defendant EMU Regents, individually and collectively, are responsible

for setting and approving public policy at EMU, while the President of EMU is

responsible for administering those policies. At all relevant times, EMU’s policies,

including complaint procedures, training and reporting, and response procedures

were in violation of Title IX.

ANSWER:

Denied.

921. EMU’s failure to act and failure to provide federally mandated

procedures and protections created a sexually hostile educational environment for

Plaintiffs.

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ANSWER:

Denied.

922. The harassment and hostile environment which EMU Defendants

fostered and condoned operated to deny and/or limit Plaintiffs’ abilities to participate

in or benefit from EMU’s educational programs.

ANSWER:

Denied.

923. Plaintiffs were students and/or guests at EMU when they were

subjected to, based upon their sex, known sexually hostile environments, systemic

sexual harassment, sexual assaults, abuse, and/or otherwise prohibited conduct by

members of EMU’s fraternities and sororities, constituting Title IX violations.

ANSWER:

924. EMU Defendants had actual knowledge of sex discrimination, sexual

harassment, sexual assaults and other prohibited misconduct occurring on campus

via reports submitted by victims, reports anonymously submitted on behalf of

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victims, and general knowledge of Greek Life culture at EMU which is known to

include alcohol, minors consuming alcohol, illicit drugs, parties, and sex.

ANSWER:

Denied.

925. Defendant Karrick’s Title IX Description to Det. Coppock not only

provides actual knowledge of the repeated sexual assaults, discrimination and other

misconduct, but depicts EMU’s dangerous Greek Life culture, acquiesced to by

EMU Defendants.

ANSWER:

Denied. By way of further response, the University incorporates by

reference its response to paragraph 903.

926. At the very most, EMU’s officials, including but not limited to, EMU

Defendants responded to reports of sexual harassment with referrals to inadequate

resolution procedures and suggestions that Plaintiffs were powerless against their

assailants.

ANSWER:

Denied.

927. EMU Defendants left Plaintiffs to their own skills to avoid further

victimization, often at the expense of giving up educational classes, programs and

experiences.

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ANSWER:

Denied.

928. Despite these increased burdens on Plaintiffs, EMU Defendants held

Plaintiffs to a higher standard than their male peers. Students, including Plaintiffs,

were treated different than their male peers with respect to protection from reported

assailants further increasing the hostile environment.

ANSWER:

Denied.

COUNT III
RETALIATION IN VIOLATION 20 U.S.C. §1681 (TITLE IX)
As to all EMU Defendants

929. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

930. Title IX states, in relevant part:

“No person in the United States shall, on the basis of sex,

be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any education
program or activity receiving Federal financial
assistance.” 20 U.S.C. § 1681.

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ANSWER:

The averments in this paragraph quote a statute, and the text of that
statute speaks for itself. Accordingly, no response is required.

931. Plaintiffs are “persons” under the Title IX statutory language.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

932. Defendant Regents is a recipient of federal funds and, as such, is subject

to Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681,

et seq., 34 CFR § 106.31.

ANSWER:

Admitted.

933. EMU Defendants are required under Title IX to investigate allegations

of sexual assault, sexual abuse, and sexual harassment.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

934. EMU Defendants, together with Defendants ASP – Chapter and DTD

– Chapter are ‘appropriate persons’ as it pertains to reporting Title IX complaints.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

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935. Plaintiffs engaged and/or attempted to engage in protected activity

under Title IX by reporting Title IX discrimination to “Responsible Employees”

and/or mandated reporters at EMU.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

936. Plaintiffs’ protected activity was actually known to Defendants, which

failed to respond and/or concealed Plaintiffs’ repeated Title IX complaints.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

937. EMU Defendants took adverse action against Plaintiffs by denying

them proper avenues to report their assaults; failing to provide safety from known

assailants; ignoring reports of sexual assault by advocates of victims; and failing to

properly investigate any and all sexual assault claims, whether reported to

“Responsible Employees” through Title IX, EMU fraternities, EMU sororities, or on

social media accounts of EMU students.

ANSWER:

Denied.

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938. EMU Defendants took further retaliatory action by withholding certain

Plaintiffs’ educational transcripts, directly impeding Plaintiffs’ ability to pursue

higher education as Plaintiffs required their transcripts for this.

ANSWER:

Denied.

939. As set forth above, there is a direct causal connection between

Plaintiffs’ protected activity and Defendants’ adverse actions against them.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

940. These adverse actions against Plaintiffs were calculated to and did

cause irreparable harm, injury, and damages, including but not limited to physical

and severe emotional injuries, all past, present, and future, as well as loss of freedom,

loss of enjoyment of life, humiliation, degradation, loss of reputation, and economic

damages.

ANSWER:

Denied.

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COUNT IV
VIOLATION OF CIVIL RIGHTS UNDER 42 U.S.C. § 1983 – STATE
CREATED DANGER
As to Defendants Werner, Martin, Heighes and Karrick

941. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

942. Plaintiffs enjoyed a substantive due process right guaranteed by the

Fourteenth Amendment to avoid the risk of harm or danger created or increased by

an affirmative act of the State.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

943. This right is violated when the State:

a. Engages in an affirmative act which either created or increased

the risk that a plaintiff would be exposed to an act of violence by
a third party;

b. Created or enhanced a special danger to the plaintiff wherein the

State’s actions placed the plaintiff specifically at risk, as
distinguished from a risk that affects the public at large; and
c. The State knew or should have known that its actions specifically
endangered the plaintiff.

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ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

944. The Defendants Werner, Martin, Heighes and Karrick’s (hereinafter

“EMU Individual Defendants”) acts consisted of, but were not limited to, 1)

permitting and condoning out of control fraternity parties where under-aged

individuals were encouraged to consume alcohol such that they could not consent to

sexual activity or advances allowing fraternity members to have sexual access to

EMU students and guests and 2) lying about or concealing their knowledge that

fraternities and their members were permitted to carry out their unlawful and

abhorrent behavior.

ANSWER:

Denied.

945. EMU Individual Defendants’ affirmative acts created or increased the

risk that Plaintiffs would be exposed to an act of sexual violence which imposes a

duty to protect from the same.

ANSWER:

Denied.

946. EMU Individual Defendants’ conduct created a special danger to

Plaintiffs with whom Defendants had a special relationship as described above. The

actions of Defendants specifically put this discrete group at increased risk in that the
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individual EMU Defendants knew that fraternity members were causing students,

many under the legal drinking age, to become intoxicated and then sexually

assaulting them.

ANSWER:

Denied.

947. EMU Individual Defendants knew or should have known that their

affirmative acts specifically endangered Plaintiffs.

ANSWER:

Denied.

948. EMU Individual Defendants acted in ways that permitted, condoned,

and promoted sexually hostile behavior.

ANSWER:

Denied.

949. EMU Individual Defendants’ actions included:

a. Failing to supervise, train and educate fraternities and their

members about alcohol, service of alcohol to minors, sexually
assaulting intoxicated females so that, in the absence of this
supervision, training, and education the unlawful activities of the
Defendant fraternities and their members could be carried out;
b. Actively concealing the fraternity members’ abhorrent behavior;

c. Outright lying to students, parents, investigators, and law

enforcement when confronted with the allegations against
various fraternity members prevented the detection of the

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repeated and subsequent sexual misconduct and served to cover

up Defendants’ liability for the damage they caused; and

d. Promoting EMU as a safe campus for females, and by doing so,

enabled fraternity members to gain unfettered sexual access to
more females.

ANSWER:

Denied.

950. Often times, after Plaintiffs would report their sexual assaults,

Defendants would terminate any investigation before it could even begin, blaming a

lack of response from Plaintiffs, even though Defendants had actual knowledge of

both the sexual assaults and the fact that they did not need the victim to investigate

the claims.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

951. EMU Individual Defendants’ acts of permitting, condoning, and

promoting Greek life as a safe enhancement of the EMU educational experience,

granted fraternity members unfettered sexual access to female students and placing

Plaintiffs specifically at risk to unspeakable invasions of their bodily integrity which

were so egregious and outrageous that it shocks the conscience.

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ANSWER:

Denied.

COUNT V
VIOLATION OF CIVIL RIGHTS – EQUAL PROTECTION PURSUANT
TO 42 U.S.C. § 1983
As to Defendants Werner, Martin, Heighes and Karrick

952. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

953. Plaintiffs have a right to fair and equal treatment as females, a member

of a protected class, under the laws as guaranteed by the Equal Protection Clause of

the Fourteenth Amendment.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

954. Plaintiffs further have a clearly established right to be free from sexual

assault and/or sexual misconduct, as a student at EMU, a member of a protected

class, under the laws as guaranteed by the Equal Protection Clause of the Fourteenth

Amendment.

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ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

955. The Sixth Circuit has held that sexual assault qualifies as being severe,

pervasive, and objectively offensive sexual harassment.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

956. EMU Individual Defendants violated this right when they intentionally

treated Plaintiffs and other female students less favorably than other similarly

situated persons regarding reports of sexual harassment, sexual assaults and other

prohibited conduct occurring within EMU’s Greek system, without a rational basis

for such treatment.

ANSWER:

Denied.

957. At all relevant times to the instant action, Defendants Regents and

EMUPD were responsible for training, screening, and supervising EMU Individual

Defendants in response to Title IX complaints.

ANSWER:

Denied.

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958. EMU Individual Defendants were supervisory personnel engaged

within the scope and course of their supervisory duties.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

959. When presented with a complaint of sexual assault, Defendant Werner

would act as the final decision-maker as to which complaints were worthy of a Title

IX investigation.

ANSWER:

Denied.

960. Defendant Werner has stated the following to one or more Plaintiffs:

a. Only the victim can report the assault;

b. There is no point in reporting it;

c. That based on Plaintiffs’ appearance and/or clothing, they were

promiscuous;
d. The process of reporting is arduous;

e. Their claims lacked merit;

f. Greek Life would be believed over Plaintiffs; and,

g. YPD will not believe Plaintiffs and will not want to investigate
their claims.
ANSWER:

Denied.

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961. When attempting to report, Plaintiffs, young and impressionable, were

often dissuaded by Defendants to report because of the aforementioned

representations.

ANSWER:

Denied.

962. In some instances, Plaintiffs, and those seeking assistance on behalf of

Plaintiffs anonymously, reported the sexual assaults to EMU’s Greek system and

local chapters, trusting that members of the same would follow their own bylaws

and regulations. In response, Plaintiffs were ostracized by certain Defendants, as

well as the entire Greek community, believing they had lied.

ANSWER:

Denied as to the University and the EMU Individual Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

963. Often times, after Plaintiffs would report their sexual assaults,

Defendants would terminate any investigation before it could even begin, blaming a

lack of response from Plaintiffs, even though Defendants had actual knowledge of

both the sexual assaults and the fact that they did not need the victim to investigate

the claims.

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ANSWER:

Denied as to the University and the EMU Individual Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

964. EMU Individual Defendants intentionally and deliberately promulgated

and/or carried out the aforementioned acts, orders, practices, customs, and

directives, with wanton and reckless disregard for Plaintiffs’ civil and constitutional

rights. Such conduct constitutes deliberate indifference and/or disparate treatment of

Plaintiffs.

ANSWER:

Denied.

COUNT VI
VIOLATION OF CIVIL RIGHTS PURSUANT TO 42 U.S.C. § 1983 –
RIGHT TO BODILY INTEGRITY
As to Defendants Werner, Martin, Heighes and Karrick

965. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

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966. Plaintiffs enjoy the constitutionally protected Due Process right

guaranteed by the Fourteenth Amendment to be free from the invasion of bodily

integrity through sexual assault, abuse, or molestation.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

967. At all times relevant hereto, EMU Individual Defendants were acting

under color of law.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

968. The acts as alleged above amount to a violation of these clearly

established constitutionally protected rights, of which reasonable persons in the

EMU Individual Defendants’ positions should have known.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

969. At all times relevant hereto, EMU Individual Defendants had the

ultimate responsibility and authority to train and supervise their employees,

subordinates, agents, and/or representatives in the appropriate manner of detecting,

reporting, and preventing sexual abuse, assault, and molestation and as a matter of

acts, custom, policy, and/or practice, failed to do so with deliberate indifference.

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ANSWER:

Denied.

970. As a matter of custom, policy, and/or practice, EMU Individual

Defendants had the ultimate responsibility and authority to investigate complaints

against their employees, subordinates, and representatives from all individuals

including, but not limited to students, visitors, faculty, staff, or other employees,

agents, and/or representatives, and failed to do so with deliberate indifference.

ANSWER:

Denied.

971. At all relevant times hereto, EMU Individual Defendants had a duty to

report and/or furnish results of their investigation into complaints of sexual

harassment, sexual assault and other prohibited conduct.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

972. At all times relevant hereto, EMU Individual Defendants had a duty to

prevent sexual assault, abuse, and molestation on their campus and premises, that

duty arising under the above-referenced constitutional rights, as well as established

rights pursuant to Title IX.

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ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

973. EMU’s internal policies provided that all University employees were

expected to promptly report sexual misconduct or relationship violence that they

observed or learned about and that involved a member of the University community

(faculty, staff, or student) or occurred at a university event or on university property.

ANSWER:

Denied as stated. The University admits that EMU’s internal policies

provide that the majority of employees are expected to promptly report sexual
misconduct or relationship violence that they observe or learn about and that
involve a member of the University community (faculty, staff, or student) or
occur at a university event or on university property. However there are some
exceptions, including, among others, an exception for employees classified as
“Confidential Employees.” Except as so admitted, denied.

974. EMU’s above-mentioned internal policies were violated when the

EMU Individual Defendants took no actions to address the complaints regarding

sexual assaults at the hands of fraternity members.

ANSWER:

Denied.

975. Often times, after Plaintiffs would report their sexual assaults,

Defendants would terminate any investigation before it could even begin, blaming a

lack of response from Plaintiffs, even though Defendants had actual knowledge of

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both the sexual assaults and the fact that they did not need the victim to investigate

the claims.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

976. EMU Individual Defendants’ failure to address these complaints led to

an unknown number of individuals, including Plaintiffs, being victimized, sexually

assaulted, abused, and molested by members of multiple fraternities.

ANSWER:

Denied.

977. EMU Individual Defendants’ aforementioned failures were repetitious

and over time became a deeply embedded acquiesced policy to provide disparate

treatment to victims of sexual harassment, sexual assaults and other prohibited

conduct.

ANSWER:

Denied.

978. EMU Individual Defendants acted with deliberate indifference and

these failures and the harm they caused shock the conscience.

ANSWER:

Denied.

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979. The EMU Individual Defendants, who had or should have had

knowledge of sexual misconduct, were the moving forces or causes of repeated

constitutional injuries to Plaintiffs and others based on their failures to report, train,

supervise, investigate, or otherwise act in response to complaints of alcohol-fueled

sexual misconduct by fraternities and their members.

ANSWER:

Denied.

980. Ultimately, the EMU Individual Defendants failed to adequately and

properly investigate complaints of abuse including, but not limited to, failing to:

a. Perform a thorough investigation into sexual misconduct by

fraternities and their members dating back to at least 2014;
b. Thoroughly review and investigate all policies, practices,
procedures, and training materials related to the circumstances
surrounding the conduct of fraternities and their members;

c. Recognize sexual assault when reported as early as 2014 and

permitting University officials to deem a sexual assault as
“medically appropriate” and “not of a sexual nature”;

d. Ensure all institutional guidelines issued following the 2014

reported rape, described above, were satisfied; and,

e. Properly report results of investigations and take remedial action.

ANSWER:

Denied.

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981. By failing to prevent the above-mentioned sexual assaults and abuse,

and by failing to appropriately respond to reports of alcohol-fueled sexual assaults

and abuse, in a manner that was so clearly unreasonable it amounted to deliberate

indifference, the EMU Individual Defendants are liable to Plaintiffs pursuant to 42

U.S.C. §1983.

ANSWER:

Denied.

982. EMU Individual Defendants’ conduct and failures to act deprived

Plaintiffs of rights secured by the Fourteenth Amendment to the United States

Constitution in violation of 42 U.S.C. §1983.

ANSWER:

Denied.

983. EMU Individual Defendants tolerated, authorized, and/or permitted a

custom, policy, practice, or procedure of insufficient supervision and failed to

adequately screen, counsel, monitor, or discipline the fraternities and the fraternity

members, with the result that the fraternity and its members could violate the rights

of persons such as Plaintiffs with impunity.

ANSWER:

Denied.

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COUNT VII
SEX DISCRIMINATION –
IN VIOLATION OF THE ELLIOTT-LARSEN CIVIL RIGHTS ACT
As to All Defendants

984. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

985. EMU is a place of public accommodation, a public service, and an

educational institution as defined in Michigan’s Elliott-Larsen Civil Rights Act,

M.C.L. § 37.2101 et seq. (ELCRA).

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

986. All Defendants are “person(s)” as defined in ELCRA, and EMU

Individual Defendants were agents of Defendant Regents and EMU.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

987. ELCRA prohibits:

a. Discriminating against an individual in the full utilization of or

benefit from the institution, or the services, activities, or
programs provided by the institution because of sex;

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b. Following a policy of denial of educational opportunities

because of sex. MCL 37.2402.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

988. Defendants’ acts and omissions constitute sex discrimination and

violate Plaintiffs’ rights under ELCRA by subjecting Plaintiffs to unwelcome sexual

advances, assault and other conduct, both verbal and physical, of a sexual nature, all

the while having actual knowledge of the same.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

989. Defendants were aware, or should have been aware through reports,

discussions, and accepted Greek Life culture that a sexually hostile environment

existed on the EMU campus.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

990. When presented with a complaint of sexual assault, Defendant Werner

would act as the final decision-maker as to which complaints were worthy of a Title

IX investigation.
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ANSWER:

Denied.

991. Defendant Werner has stated the following to one or more Plaintiffs:

a. Only the victim can report the assault;

b. There is no point in reporting it;

c. That based on Plaintiffs’ appearance and/or clothing, they were
promiscuous;

d. The process of reporting is arduous;

e. Their claims lacked merit;

f. Greek Life would be believed over Plaintiffs; and,

g. YPD will not believe Plaintiffs and will not want to investigate
their claims.

ANSWER:

Denied.

992. Despite notice of the sexually hostile environment, Defendants failed

to take prompt and adequate remedial action to end the ongoing sexual assaults and

harassment of the Plaintiffs and other female students.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

993. Often times, after Plaintiffs would report their sexual assaults,

Defendants would terminate any investigation before it could even begin, blaming a

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lack of response from Plaintiffs, even though Defendants had actual knowledge of

both the sexual assaults and the fact that they did not need the victim to investigate

the claims.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

994. When attempting to report, Plaintiffs, young and impressionable, were

often dissuaded by Defendants to report because of the aforementioned

representations.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

995. In some instances, Plaintiffs, and those seeking assistance on behalf of

Plaintiffs anonymously, reported the sexual assaults to EMU’s Greek system and

local chapters, trusting that members of the same would follow their own bylaws

and regulations. In response, Plaintiffs were ostracized by certain Defendants, as

well as the entire Greek community, believing they had lied.

ANSWER:

Denied as to the University and the EMU Individual Defendants. The

University lacks sufficient knowledge or information to form a belief as to the

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truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

996. Defendants violated ELCRA and deprived Plaintiffs of their civil rights

by, among other things, denying adequate protection from sexual assaults, failing to

investigate and take remedial action, subjecting Plaintiffs, because of their sex, to

conduct of a physical and sexual nature that had the purpose or effect of denying

Plaintiffs the full benefit of the educational programs of EMU and full and equal

access to the use and privileges of public accommodations, public service, and

educational opportunity.

ANSWER:

Denied as to the University and the EMU Individual Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

COUNT VIII
AIDING AND ABETTING IN VIOLATION OF THE ELCRA
As to All Defendants

997. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

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998. EMU is a place of public accommodation, a public service, and an

educational institution as defined in Michigan’s Elliott-Larsen Civil Rights Act,

M.C.L. § 37.2101 et seq. (ELCRA).

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

999. All Defendants are “person(s)” as defined in ELCRA, and EMU

Individual Defendants were agents of Defendant Regents and EMU.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

1000. ELCRA prohibits:

a. Discriminating against an individual in the full utilization of or

benefit from the institution, or the services, activities, or
programs provided by the institution because of sex;
b. Following a policy of denial of educational opportunities
because of sex. MCL 37.2402.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

1001. Defendants violated ELCRA and deprived Plaintiffs of their civil rights

by, among other things, denying adequate protection from sexual assaults, failing to

investigate and take remedial action, subjecting Plaintiffs, because of their sex, to

conduct of a physical and sexual nature that had the purpose or effect of denying
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Plaintiffs the full benefit of the educational programs of EMU and full and equal

access to the use and privileges of public accommodations, public service, and

educational opportunity.

ANSWER:

Denied as to the University and the EMU Individual Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1002. Through the exercise of reasonable care, Defendants could have limited

the accessibility of sexual predators to female students.

ANSWER:

Denied as to the University and the EMU Individual Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1003. By creating and condoning an environment in which sexually predatory

individuals were allowed access to female students, Defendants aided and abetted

the creation of a sexually hostile environment in violation of MCL 37.2701(b).

ANSWER:

Denied as to the University and the EMU Individual Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1004. Defendants’ actions have deprived Plaintiffs of the full and equal

enjoyment of the educational programs of EMU and full and equal access to the use

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and privileges of public accommodations, public service, and educational

opportunity.

ANSWER:

Denied as to the University and the EMU Individual Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

COUNT IX
GROSS NEGLIGENCE
As to Defendants ASP – Chapter/National, DTD – Chapter/National,
SK – Chapter/National and TC – Chapter/National
1005. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

1006. ASP – Chapter, ASP – National, DTD – Chapter, DTD – National, SK

– Chapter, SK – National, TC – Chapter and/or TC – National (the “Fraternity and

Sorority Defendants”) owed Plaintiffs a duty to use due care to ensure Durbin,

McWilliams, Bujaki, Sigmann, Layne, Ascencio and Hernandez and other Fraternity

members abstained from sexual assault, abuse, and molestation students and guests

alike when interacting with their members, representatives, and/or agents.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1007. As agents and/or representatives of the Fraternity and Sorority

Defendants, Durbin, McWilliams, Bujaki, Sigmann, Layne, Ascencio and

Hernandez owed Plaintiffs a duty of due care as guests of ASP – Chapter, DTD –

Chapter, SK – Chapter, and TC – Chapter. These duties include but are not limited

to:

a. Reduce exposure to risk and liability of the Chapter and its

members;

b. Complete an incident report and submit it to Headquarters for all

incidents;
c. Educate members on alcohol policies;
d. Respect the dignity of all persons, and therefore, not physically,
psychologically, or sexually abusing any human being;

e. Do not abuse, nor support the abuse of, alcohol or controlled

substances;
f. Do not tolerate or condone any form of sexist or sexually abusive
behavior on the part of its members, whether physical, mental, or
emotional. This includes any actions, activities, or events,
whether on chapter premises or an off-site location which are
demeaning to women or men, including but not limited to verbal
harassment, sexual assault by individuals or members acting
together;

g. Familiarize and comply with Health and Safety Policies that

forbid any form of hazing or assault;

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h. Prohibit alcohol and/or illegal substances, which is punishable

by fine and/or expulsion; and

i. Maintain proper decorum at all times with respect to the

introduction of guests within the Shelter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1008. The Fraternity and Sorority Defendants’ failure to adequately supervise

its members - especially after the Fraternity and Sorority Defendants knew or should

have known of complaints regarding Durbin, McWilliams, Bujaki, Sigmann, Layne,

Ascencio and Hernandez’s nonconsensual sexual assaults occurring on their

premises - was so reckless as to demonstrate a substantial lack of concern for

whether Plaintiffs would be injured.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1009. The Fraternity and Sorority Defendants’ conduct demonstrated a willful

disregard for precautions to ensure Plaintiffs’ safety and bodily integrity.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

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1010. The Fraternity and Sorority Defendants’ conduct described above

demonstrated a willful disregard for the substantial risk of injuries to Plaintiffs.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1011. The Fraternity and Sorority Defendants’ breached duties owed to

Plaintiffs and were grossly negligent when they conducted themselves by the actions

described above, said acts having been committed with reckless disregard for

Plaintiffs’ health, safety, constitutional and/or statutory rights, and with a substantial

lack of concern as to whether Plaintiffs would be injured.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

COUNT X
NEGLIGENCE
As to Fraternity and Sorority Defendants

1012. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

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1013. The Fraternity and Sorority Defendants owed Plaintiffs a duty of

ordinary care to ensure their safety and freedom from sexual assault, abuse, and

molestation while students and guests alike interacted with their members,

representatives and/or agents.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1014. As agents and/or representatives of the Fraternity and Sorority

Defendants, members owed Plaintiffs a duty of due care. These include but are not

limited to:

a. Reduce exposure to risk and liability of the Chapter and its

members;
b. Complete an incident report and submit it to Headquarters for all
incidents;

c. Educate members on alcohol policies;

d. Respect the dignity of all persons, and therefore, do not

physically, psychologically, or sexually abuse any human being;

e. Do not abuse, nor support the abuse of, alcohol or controlled

substances;

f. Do not tolerate or condone any form of sexist or sexually abusive

behavior on the part of its members, whether physical, mental, or
emotional. This includes any actions, activities, or events,
whether on chapter premises or an off-site location which are
demeaning to women or men, including but not limited to verbal
harassment, sexual assault by individuals or members acting
together;

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g. Familiarize and comply with Health and Safety Policies that

forbid any form of hazing or assault;

h. Prohibit alcohol and/or illegal substances, which is punishable

by fine and/or expulsion; and,

i. Maintain proper decorum at all times with respect to the

introduction of guests within the Shelter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1015. The Fraternity and Sorority Defendants’ failure to adequately supervise

its members, especially after The Fraternity and Sorority Defendants knew or should

have known of complaints regarding their nonconsensual sexual assaults and sexual

penetrations occurring on their premises was so reckless as to demonstrate a

substantial lack of concern for whether Plaintiffs would be injured.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1016. The Fraternity and Sorority Defendants had notice through its own

members, agents, and/or representatives as early as 2014, of complaints of a sexual

nature related to their members’ predatory and criminal sexual misconduct of

students and guests.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1017. The Fraternity and Sorority Defendants knew or should have known of

the foreseeability of its members’ sexual abuse of students and guests.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1018. The Fraternity and Sorority Defendants’ failure to properly investigate,

address, and/or remedy complaints regarding sexual misconduct was a breach of

their duty to use ordinary care.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

COUNT XI
NEGLIGENT SUPERVISION
As to the Fraternity and Sorority Defendants

1019. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.
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1020. The Fraternity and Sorority Defendants had a duty to provide

reasonable supervision of their fraternity members, agents and/or representatives, in

particular Durbin, McWilliams, Bujaki, Sigmann, Layne Ascencio and Hernandez,

during membership, agency or representation with the Fraternity and Sorority

Defendants and while they interacted with guests of the Fraternity and Sorority

Defendants including Plaintiffs.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1021. The National’s maintained control over the local chapters. Indeed, each

National maintained rule which were presented to the Local Chapters and the Local

Chapters were required to follow those rules that imposed requirements on members

and officers about chain of command, a code of conduct, and a process for

disciplining members who do not comply with the national rules, among other

things. The rules highlight the close relationship and mutually beneficial relationship

between the National fraternity and its local chapter and individual members. The

National Attorneys impose a complex hierarchy of rules and regulations on local

chapters and individual members along with the fraternities’ National Constitution

that sets out a clear command structure to which the local chapters must adhere.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1022. It was reasonably foreseeable, given Defendants Regents, EMUPD, and

the Fraternity and Sorority Defendant’s knowledge, that Durbin, McWilliams,

Bujaki, Sigmann, Layne Ascencio and Hernandez were sexual predators of young

college female students at the time Defendants received complaints regarding sexual

misconduct involving members of the Fraternity and Sorority Defendants in 2014.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1023. The Fraternity and Sorority Defendants by and through their members,

agents, managers and/or assigns, knew or reasonably should have known of Durbin,

McWilliams, Bujaki, Sigmann, Layne Ascencio and Hernandez’s conduct and/or

that Durbin, McWilliams, Bujaki, Sigmann, Layne Ascencio and Hernandez were

unfit members, agents, and/or representatives of the Fraternity and Sorority

Defendants because of their repeated sexual misconduct of female guests, including

Plaintiffs.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1024. Per the Fraternity and Sorority Defendants’ rules, regulations, and

bylaws, its members are to conduct themselves in the following, non-exhaustive

ways:

a. Reduce exposure to risk and liability of the fraternity and its

members;
b. Aim to reduce risk;

c. Complete an incident report and submit the same to Headquarters

for all incidents;

d. Educate members on the Fraternity and Sorority Defendants’

alcohol policies;

e. Respect the dignity of all persons, and therefore, avoid physical,

psychological, or sexual abuse any human being;

f. Do not abuse, nor support the abuse of, alcohol or controlled

substances;

g. Do not tolerate or condone any form of sexist or sexually abusive

behavior on the part of its members, whether physical, mental, or
emotional. This is to include any actions, activities, or events,
whether on chapter premises or an off-site location which are
demeaning to women or men, including but not limited to verbal
harassment, sexual assault by individuals or members acting
together;
h. Familiarize and comply with the Fraternity and Sorority
Defendants’ Health and Safety Policies, which explicitly forbid
any form of hazing or assault;

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i. Prohibit alcohol and/or illegal substances, which is punishable

by fine and/or expulsion; and

j. Maintain proper decorum at all times with respect to the

introduction of guests within the Shelter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1025. The Fraternity and Sorority Defendants breached their duty to provide

reasonable supervision of Durbin, McWilliams, Bujaki, Sigmann, Layne, Ascencio

and Hernandez, and permitted these fraternity members to commit the pervasive acts

against Plaintiffs.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1026. The sexual abuse occurred while Plaintiffs and Durbin, McWilliams,

Bujaki, Sigmann, Layne Ascencio and Hernandez were on the premises of

Defendant Regents, specifically the premises on EMU’s campus of the Fraternity

and Sorority Defendants, and while Durbin, McWilliams, Bujaki, Sigmann, Layne

Ascencio and Hernandez were acting in the course of their membership, agency,

and/or representation of the Fraternity and Sorority Defendants.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1027. The Fraternity and Sorority Defendants tolerated, authorized and/or

permitted a custom, policy, practice or procedure of insufficient supervision and

failed to adequately screen, counsel, or discipline such individuals, with the result

that Durbin, McWilliams, and Hernandez were allowed to violate the rights of

persons such as Plaintiffs with impunity.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

COUNT XII
NEGLIGENT FAILURE TO WARN OR PROTECT
As to the Fraternity and Sorority Defendants

1028. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

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1029. The Fraternity and Sorority Defendants knew or should have known

that Durbin, McWilliams, and Hernandez posed a risk of harm to Plaintiffs or those

in Plaintiffs’ situation.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1030. The Fraternity and Sorority Defendants had direct, actual knowledge as

to the dangerous conduct of Durbin, McWilliams, Bujaki, Sigmann, Layne Ascencio

and Hernandez and failed to act reasonably and responsibly in response.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1031. The Fraternity and Sorority Defendants knew or should have known

Durbin, McWilliams, Bujaki, Sigmann, Layne Ascencio and Hernandez committed

sexual assaults, abuse, and molestations and/or were continuing to engage in such

conduct.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1032. The Fraternity and Sorority Defendants had a duty to warn or protect

Plaintiffs and others in Plaintiffs’ situation against the risk of injury by Durbin,
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McWilliams, Bujaki, Sigmann, Layne Ascencio and Hernandez. These include but

are not limited to:

a. Reduce exposure to risk and liability of the fraternity and its

members;

b. Complete an incident report and submit the same to Headquarters

for all incidents;
c. Educate members on the Fraternity and Sorority Defendants’
alcohol policies;

d. Respect the dignity of all persons, and therefore, avoid physical,

psychological, or sexual abuse any human being;
e. Do not abuse, nor support the abuse of, alcohol or controlled
substances;
f. Do not tolerate or condone any form of sexist or sexually abusive
behavior on the part of its members, whether physical, mental, or
emotional. This is to include any actions, activities, or events,
whether on chapter premises or an off-site location which are
demeaning to women or men, including but not limited to verbal
harassment, sexual assault by individuals or members acting
together;
g. Familiarize and comply with the Fraternity and Sorority
Defendants’ Health and Safety Policies, which explicitly forbid
any form of hazing or assault;

h. Prohibit of alcohol and/or illegal substances, which is punishable

by fine and/or expulsion; and,

i. Maintain proper decorum at all times with respect to the

introduction of guests within the Shelter.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

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1033. The duty to disclose this information arose by the relationship between

Durbin, McWilliams, and Hernandez as members, agents, and or representatives of

the Fraternity and Sorority Defendants and Plaintiffs.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1034. The Fraternity and Sorority Defendants breached said duties by failing

to warn Plaintiffs and/or by failing to take reasonable steps to protect Plaintiffs from

Durbin, McWilliams, and Hernandez.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1035. The Fraternity and Sorority Defendants breached their duties to protect

Plaintiffs by failing to:

a. Respond to allegations of sexual assault, abuse, and molestation;

b. Act on evidence of sexual assault, abuse, and molestation; and,

c. Investigate, adjudicate, and terminate Durbin, McWilliams and

Hernandez’s membership with Defendants ASP – Chapter and/or
ASP – National and DTD – Chapter and/or DTD – National.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

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1036. The Fraternity and Sorority Defendants willfully refused to notify, give

adequate warning, and implement appropriate safeguards to protect Plaintiffs from

sexually violent and perverse conduct by its members.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

COUNT XIII
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
As to Defendants EMU Regents, EMUPD, Werner, Martin, Heighes, Karrick
ASP – Chapter, DTD – Chapter, SK – Chapter and TC – Chapter
1037. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

1038. Defendants ASP — Chapter, DTD — Chapter, SK — Chapter and/or

TC — Chapter were aware that their members committed and/or were committing

sexual assaults of students and guests of EMU.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

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1039. Defendants ASP — Chapter, DTD — Chapter, SK — Chapter and/or

TC — Chapter tolerated and/or permitted their members to sexually, abuse, and rape

students and guests of EMU after they knew or should have known of complaints

and claims of sexual assaults occurring since 2014.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1040. Defendants ASP — Chapter, DTD — Chapter, SK — Chapter and/or

TC — Chapter tolerated and/or permitted its members to engage in hazing of its

pledges after they knew or should have known of complaints and claims of hazing.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1041. Defendants ASP — Chapter, DTD — Chapter, SK — Chapter, and/or

TC — Chapter's supplying and serving of excessive amounts of alcohol to students

and guests on campus at parties was known, expected, accepted, or acquiesced as

commonplace among Defendants ASP — Chapter, DTD — Chapter, SK — Chapter,

and/or TC — Chapter.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1042. Members of Defendants ASP — Chapter, DTD — Chapter, SK —

Chapter and/or TC — Chapter threatened, misled, and otherwise discouraged

victims from reporting hazing and/or sexual assaults by members of Defendants ASP

— Chapter, DTD — Chapter, SK — Chapter and/or TC — Chapter to the

appropriate persons at EMU, Title IX, or other law enforcement.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1043. Defendants ASP — Chapter, DTD — Chapter, SK — Chapter and/or

TC — Chapter chose not to adequately supervise members and/or prevent members

from committing acts of hazing, sexual assaults, and rapes.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1044. By routinely ignoring, disregarding, and failing to investigate evidence

of hazing and sexual assaults by members of Defendants ASP — Chapter, DTD —

Chapter, SK — Chapter and/or TC — Chapter, Defendants created a culture and

environment in which victims understood and/or were told that their complaints
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would be met with disbelief, indifference, and a cold shoulder, and thus victims

understood and/or were told that no measures would be reasonably calculated to end

the abuse.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1045. Defendants ASP — Chapter, DTD — Chapter, SK — Chapter and/or

TC — Chapter's conduct, and conduct of members, as described above has been

consistently condemned as outrageous and intolerable in modern society by state and

federal legislature, EMU student policies, bylaws, and regulations of the Fraternity

and Sorority Defendants and other members of the public.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1046. Defendants ASP – Chapter, DTD – Chapter, SK – Chapter and/or TC

– Chapter’s conduct, and conduct of members, as described above was intentional

and/or reckless.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

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1047. Defendants ASP – Chapter, DTD – Chapter, SK – Chapter and/or TC

– Chapter’s conduct, and conduct of members, as described above was extreme,

outrageous, and of such character as not to be tolerated by a civilized society.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1048. Any reasonable person would know that emotional distress would

result from Defendants ASP – Chapter, DTD – Chapter, SK – Chapter and/or TC –

Chapter’s reckless conduct, and reckless conduct of members, described above.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations as they relate to the other defendants in this
lawsuit they are therefore denied.

1049. Defendant EMU Regents abused their positions to bolster and sustain

EMU’s national reputation.

ANSWER:

Denied.

1050. Defendants EMU Regents, ASP – Chapter, DTD – Chapter, SK –

Chapter and/or TC – Chapter threatened, misled, and otherwise discouraged

students/Plaintiffs from reporting sexual assault to the appropriate persons at EMU

or to law enforcement.

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ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1051. By routinely ignoring, disregarding, and failing to investigate sexual

assault allegations, Defendants created a culture and environment in which sexual

abuse victims understood that their complaints would be met with hostility, disbelief

and indifference, and thus victims understood that the university would not take any

measures reasonably calculated to end the abuse.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1052. Defendants performed a deficient and biased investigation into sexual

assaults and allowed perpetrators to remain on campus, where they were permitted

access to female students and, in some cases, they continued to sexually assault.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

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1053. Defendants’ conduct as described above has been consistently

condemned as outrageous and intolerable in modern society by members of the

public, members of the media, students, alumni, and other members of the public.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1054. Defendants’ conduct as described above was intentional and/or

reckless.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1055. Defendants’ conduct as described above was extreme, outrageous, and

of such character as not to be tolerated by a civilized society.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1056. Any reasonable person would know that emotional distress would

result from Defendants’ reckless conduct described above.

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ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

COUNT XIV
SOCIAL HOST LIABILITY
VIOLATION OF MCL §436.1701
As to Defendants ASP – Chapter, DTD – Chapter, SK – Chapter and TC –
Chapter
1057. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.

1058. All Plaintiffs were under the age of 21 and could not legally drink

alcohol in the State of Michigan.

ANSWER:

This paragraph is vague inasmuch as it does not specify the timeframe

within which Plaintiffs “were under the age of 21.” Accordingly, the University
lacks sufficient knowledge or information to form a belief as to the truth of the
allegations of this paragraph and they are therefore denied.

1059. Defendants DTD – Chapter, ASP – Chapter, SK - Chapter and TC –

Chapter repeatedly supplied and served alcohol at functions on EMU’s campus, in

direct violation of local and national bylaws and regulations, as well as policies as

set forth by Defendant Regents.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

1060. Defendants DTD – Chapter, ASP – Chapter, SK - Chapter and TC –

Chapter knowingly, intentionally, and/or recklessly created a dangerous

environment by serving excessive amounts of alcohol.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

1061. Defendants DTD – Chapter, ASP – Chapter, SK - Chapter and TC –

Chapter were negligent when they failed to make diligent inquiry into whether

Plaintiffs were of the age that allowed them to legally drink in violation of MCL

§436.1701.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

1062. Defendants DTD – Chapter, ASP – Chapter, SK - Chapter and TC –

Chapter served alcohol to Plaintiffs at all chapter parties including those attended by

Plaintiffs, including but not limited to the dates and times when Plaintiffs were

subjected to sexual harassment, sexual assaults and other prohibited conduct by

chapter members.

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ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

1063. Defendant’s actions and/or inaction constitute a violation of MCL

§436.1701.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1064. Defendants’ actions and/or inactions in violation of MCL §436.1701

necessarily led to Plaintiffs’ sexual assaults.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

COUNT XV
VIOLATION OF ARTICLE 1, § 17 SUBSTANTIVE DUE PROCESS –
STATE CREATED DANGER
AS TO DEFENDANT EMU REGENTS

1065. Plaintiffs hereby incorporate by reference the paragraphs above and

below as though fully stated herein.

ANSWER:

All foregoing responses by the University are incorporated herein by

reference.
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1066. Plaintiffs enjoy a substantive due process right under the Michigan

Constitution to avoid the risk of harm or danger created or increased by an

affirmative act of the State.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

1067. This right is violated when the State (1) engaged in an affirmative act

which either created or increased the risk that a plaintiff would be exposed to an act

of violence by a third party; (2) placed a plaintiff in a special danger, as distinguished

from a risk that affects the public at large; and, (3) knew or should have known that

its actions specifically endangered Plaintiff.

ANSWER:

The averments in this paragraph state legal conclusions to which no

response is required and are accordingly denied.

1068. Defendants EMU Regents, EMUPD, Werner, Martin, Heighes and

Karrick’s affirmative acts consisted of:

a. Failure to investigate;

b. Failure to report;
c. Failure to take remedial action;

d. Failure to protect students;

e. Failure to follow state and federal laws including, but not limited
to, Title IX, ELCRA, and the Clery Act.

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ANSWER:

Denied.

1069. These affirmative acts created or increased the risk that Plaintiffs would

be exposed to an act of violence or sexual assault by EMU’s Greek system, namely

Defendants ASP – Chapter, DTD – Chapter, SK – Chapter and TC - Chapter.

ANSWER:

Denied.

1070. Defendants EMU Regents, EMUPD, Werner, Martin, Heighes and

Karrick’s conduct created a special danger to Plaintiffs and others alike because

Defendants’ actions specifically put this discrete group – female students and/or

guests of EMU, some of whom are particularly vulnerable, especially minors who

are provided intoxicants on or within the jurisdiction of EMU’s campus – at

increased risk in that the Defendants knew that EMU’s Greek system, namely

Defendants ASP – Chapter, DTD – Chapter, SK – Chapter and TC – Chapter were

taking advantage of the same in order to carry out sexual harassment, sexual assaults,

and other prohibited conduct against Plaintiffs and other members of the same

discrete group.

ANSWER:

Denied.

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1071. Defendants EMU Regents, EMUPD, Werner, Martin, Heighes and

Karrick knew or should have known that its affirmative acts specifically endangered

Plaintiff.

ANSWER:

Denied.

1072. Defendants EMU Regents, EMUPD, Werner, Martin, Heighes and

Karrick established official policies, customs and practices, which permitted,

condoned and actually promoted EMU’s Greek Life culture of repeated sexual

harassment, sexual assaults, and other prohibited conduct.

ANSWER:

Denied.

1073. The decisions resulting in Defendants’ violation of Plaintiffs’

constitutional rights as alleged in this Complaint were made by high level officials

of Defendants.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1074. Defendants’ official policies, customs and practices violated Plaintiffs’

rights which each independently violated Plaintiffs’ rights.

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ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1075. EMU Defendants’ policies, customs and practices of permitting,

condoning and concealing sexual harassment, sexual assaults, and other prohibited

conduct, which enabled EMU’s Greek Life, namely Defendants ASP – Chapter,

DTD – Chapter, SK – Chapter and TC – Chapter to gain unfettered sexual access to

female students and/or guests of EMU, exposed them to unspeakable invasions of

their bodily integrity which were so egregious and outrageous that it shocks the

conscience.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

PLAINTIFFS’ DAMAGES

1076. Plaintiffs’ damages arise from three distinct and exclusive harms: 1) the

physical sexual harassment, assaults and/or prohibited conduct; 2) Defendants’

failure to properly investigate the Title IX violations occurring on EMU’s campus

and/or within Defendant EMUPD’s jurisdiction; and 3) Defendants’ collaborative

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efforts to actively conceal any and all reports of sexual harassment, sexual assaults

and/or other prohibited conduct.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1077. Since the revelation of Defendants’ fraudulent concealment of Title IX

violations, Plaintiffs for years have been suffering shame, shock, humiliation,

emotional distress and related physical manifestations thereof, embarrassment, loss

of self-esteem, and disgrace.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1078. Defendants’ conduct and concealment of the same has disturbed

Plaintiffs’ innate sense of self-worth and self-identity, leading to anxiety and

depression.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

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1079. The revelation – that despite knowing of EMU’s Greek Life culture of

alcohol abuse and sexual misconduct, Defendants knowingly protected its Greek

Life members allowing them unfettered access to prey upon female students and

guests – has been traumatic and emotionally and psychologically damaging, forcing

Plaintiffs to relive the trauma of what Defendants had previously kept hidden.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1080. Plaintiffs have been shattered psychologically and emotionally to learn

the university they held so much trust and pride in betrayed them, and many others,

by failing to properly investigate countless reports of sexual harassment, sexual

assaults and other prohibited conduct and actively concealing the same in an effort

to maintain the image of a safe environment while at the same time continue to

receive federal funding.

ANSWER:

Denied.

1081. As a direct and/or proximate result of Defendants’ conduct, Plaintiffs

suffered, and will continue to suffer discomfort, pain of mind and body, shock,

emotional distress, physical manifestations of emotional distress, embarrassment,

loss of self-esteem, disgrace, fright, grief, humiliation, suicidal ideations and self-

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injurious conduct, drop in academic performance, withdrawal from classes and

school, ostracism by members Greek Life, loss of earnings and earning capacity, and

such other injuries and physical manifestations as may be revealed through the

course of discovery and trial in this matter.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

1082. These irreparable harms Plaintiffs suffer, and will continue suffering,

are proven damages typically suffered by young women when sexually assaulted

and not provided proper attention, concern, and investigation.

ANSWER:

Denied.

1083. Symptoms of sexual abuse can last for decades and affect Plaintiffs’

lives in many ways from causing sexual discomfort and inability to engage in close

relationships with others to confusion about sexual identity, embarrassment and

depression.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

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1084. When sexual abuse is reported and subsequently concealed, victims

often lack the ability to comprehend the abuse due to their trust in the system and

their detrimental reliance upon those in a position of authority who can take

preventive action and provide support, and commonly suffer from emotional distress

and humiliation.

ANSWER:

The University lacks sufficient knowledge or information to form a belief

as to the truth of the allegations of this paragraph and they are therefore denied.

1085. In whole or in part, as a result of some or all of the above actions and/or

inactions of Defendants, Plaintiffs have and continue to suffer irreparable harm.

ANSWER:

Denied as to the University and the Individual EMU Defendants. The

University lacks sufficient knowledge or information to form a belief as to the
truth of the allegations as they relate to the other defendants in this lawsuit they
are therefore denied.

GENERAL DENIAL

The University denies each and every allegation in the Complaint that is not

specifically admitted herein.

RELIANCE ON JURY DEMAND

The University hereby relies on Plaintiffs’ jury demand, and demands for

itself trial by jury on each and every count of Plaintiffs’ Complaint so triable in law

or in equity.

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AFFIRMATIVE DEFENSES

The University submits the following as Affirmative Defenses to the

allegations contained in Plaintiffs’ Complaint:

1. One or more of Plaintiffs’ claims are barred by the statute of limitations.

2. Plaintiffs’ Complaint fails to state a claim upon which relief may be

granted.

3. Plaintiffs’ claims do not arise from the same common nucleus of law

and fact, and as a result, have been misjoined in violation of the Federal Rules of

Civil Procedure and must be severed.

4. The University acted reasonably and in good faith at all times with

regard to the decisions at issue in the Complaint.

5. The University complied at all times with its written policies and

procedures and the law.

6. The University did not discriminate against any Plaintiff on the basis of

their gender, or any other protected class.

7. One or more Plaintiff’s claims of alleged harassment or discrimination

was not pervasive.

8. One or more of Plaintiffs’ claims of alleged harassment was not

reported to an appropriate person and deprived the University of notice of the alleged

harassment.

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9. The University was not deliberately indifferent to any alleged unlawful

sexual conduct.

10. The University did not subject any Plaintiff to further actionable

harassment following actual notice of actionable harassment to that Plaintiff.

11. The University did not create a hostile environment for any Plaintiff.

12. The University did not retaliate against any Plaintiff.

13. One or more of Plaintiffs’ claims is barred because the underlying

events occurred outside the University’s control. The University is not responsible

for the alleged acts or omissions of any other parties and/or defendants, including

but not limited to the defendants named herein.

14. Jane Doe 12’s claims are barred because she was not at any relevant

time a student at Eastern Michigan University.

15. One or more of Plaintiffs’ claims is barred by sovereign immunity

and/or immunity under the Eleventh Amendment to the U.S. Constitution.

16. Defendants’ acts or omissions as alleged in the Complaint were

undertaken in good faith and without malice.

17. Defendants’ acts or omissions as alleged in the Complaint were

undertaken as part of their discretionary duties.

18. One or more of Plaintiffs’ claims is barred by governmental immunity

under the laws of the State of Michigan. Specifically, the Individual EMU

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Defendants, namely, Robert Heighes, Daniel Karrick, Melody Werner, and Kyle

Martin are entitled to governmental immunity as all of their acts taken with respect

to the Plaintiffs were: (1) undertaken during the course of employment with the

University, and each of the Individual EMU Defendants were, at all relevant times,

acting within the scope of their authority; (2) undertaken in good faith and not with

malice; and (3) were discretionary, as opposed to ministerial.

By way of further response, at all relevant times, Heighes and Karrick acted

diligently, tirelessly, and in good faith and within the scope of their authority to try

to create a safe and supportive community for students, faculty and staff and to

provide support, information, resources, protection, and accommodations to victims

of sexual assault. In doing so, Heighes and Karrick took actions within their own

deliberation, decision, and judgment. At all relevant times, Heighes and Karrick

acted in good faith and believed their conduct was justified. At no point in time did

Heighes or Karrick act with malice.

Werner cares deeply about survivors of sexual assault and specifically chose

to pursue a career focused on helping survivors. During her tenure as Title IX

Coordinator at the University and at all relevant times, Werner acted diligently,

tirelessly, and in good faith and within the scope of her authority to provide support,

information, resources, and accommodations to victims of sexual assault. In doing

so, Werner acted within her own deliberation, decision, and judgment. At all

386
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relevant times, Werner acted in good faith and believed her conduct was justified.

At no point in time did Werner act with malice.

During his tenure as Greek Life Coordinator at the University, Martin acted

reasonably, diligently, and in good faith and within the scope of his authority in

responding to complaints of sexual assault of which he was aware. In responding to

such complaints, Martin acted within his own deliberation, decision, and judgment.

At all relevant times, Martin acted in good faith and believed his conduct was

justified. At no point in time did Martin act with malice.

Further responding, all foregoing responses by the University to the Plaintiffs’

allegations in the Amended Complaint are incorporated herein by reference.

19. One or more of Plaintiffs’ claims is barred by qualified immunity under

the federal law.

20. Plaintiffs have failed to state a claim for punitive damages.

21. Plaintiffs failed to mitigate their damages.

22. The University reserves the right to assert additional defenses if any

become evident through discovery or investigation.

WHEREFORE, the University requests judgment in its favor and against

Plaintiffs, together with all other relief this Court deems just and proper.

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October 7, 2021 Respectfully submitted,

SAUL EWING ARNSTEIN &

LEHR LLP

/s/ Joshua W. B. Richards

Joshua W. B. Richards
1500 Market Street, 38th Floor
Philadelphia, Pennsylvania 19102
(215) 972-7737
[email protected]

Bridgitte E. Mott
131 Dartmouth Street, Suite 501
Boston, Massachusetts 02116
(617) 912-0905
[email protected]

Attorneys for Defendants Eastern

Michigan University Board of
Regents, Eastern Michigan
University Police Department

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CERTIFICATE OF SERVICE

I hereby certify that on October 7, 2021, I electronically filed the foregoing

motion and brief with the Clerk of the Court using the ECF system, which will send

notification of such filing to:

Todd F. Flood Michael D. Weaver

[email protected] [email protected]

Richard M. Mitchell Thomas W. Werner

[email protected] [email protected]

Elaine Kobylecki Jaskiran Kaur Samra

[email protected] [email protected]

Michael Osborne Joshua I. Arnkoff

[email protected] [email protected]

Hilary J. Stafford Scott L. Mandel

[email protected] [email protected]

Gary C. Rogers Carolyn Horton

[email protected] [email protected]

Steven F. Stapleton Megan Bonanni

[email protected] [email protected]

389
Case 2:21-cv-10649-LVP-APP ECF No. 57, PageID.2095 Filed 10/07/21 Page 390 of 390

/s/ Joshua W. B. Richards

Joshua W. B. Richards
SAUL EWING ARNSTEIN &
LEHR LLP
1500 Market Street, 38th Floor
Philadelphia, Pennsylvania 19102
(215) 972-7737
[email protected]

Bridgitte E. Mott
SAUL EWING ARNSTEIN &
LEHR LLP
131 Dartmouth Street, Suite 501
Boston, Massachusetts 02116
(617) 912-0905
[email protected]

Attorneys for Defendants Eastern Michigan

University Board of Regents, Eastern
Michigan University Police Department

390
Case 2:21-cv-10649-LVP-APP ECF No. 57-1, PageID.2096 Filed 10/07/21 Page 1 of 2

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

INDEX OF EXHIBITS TO EASTERN MICHIGAN UNIVERSITY BOARD

OF REGENTS AND EASTERN MICHIGAN UNIVERSITY POLICE
DEPARTMENT’S ANSWER TO PLAINTIFFS’ AMENDED COMPLAINT

Exhibit No. Description

Exhibit 1 Exhibit Concerning Jane Doe 1
Exhibit 2 Exhibit Concerning Jane Doe 6
Exhibit 3 Exhibit Concerning Jane Doe 6
Exhibit 4 Exhibit Concerning Jane Doe 7
Exhibit 5 Exhibit Concerning Jane Doe 7
Exhibit 6 Exhibit Concerning Jane Doe 7
Exhibit 7 Exhibit Concerning Jane Doe 10
Exhibit 8 Exhibit Concerning Jane Doe 11
Exhibit 9 Exhibit Concerning Jane Doe 11
Exhibit 10 Exhibit Concerning Jane Doe 11
Exhibit 11 Exhibit Concerning Jane Doe 11
Exhibit 12 Exhibit Concerning Jane Doe 12
Exhibit 13 Exhibit Concerning Jane Doe 12
Exhibit 14 Exhibit Concerning Jane Doe 12
Exhibit 15 Exhibit Concerning Jane Doe 12
Exhibit 16 Exhibit Concerning Jane Doe 13
Exhibit 17 Exhibit Concerning Jane Doe 13
Exhibit 18 Exhibit Concerning Jane Doe 13
Exhibit 19 Exhibit Concerning Jane Doe 13
Case 2:21-cv-10649-LVP-APP ECF No. 57-1, PageID.2097 Filed 10/07/21 Page 2 of 2

Exhibit 20 Exhibit Concerning Jane Doe 13

Exhibit 21 Exhibit Concerning Jane Doe 14
Case 2:21-cv-10649-LVP-APP ECF No. 57-2, PageID.2098 Filed 10/07/21 Page 1 of 6

EXHIBIT 1
Case 2:21-cv-10649-LVP-APP ECF No. 57-2, PageID.2099 Filed 10/07/21 Page 2 of 6
Message
From: [email protected] [[email protected]]
Sent: 3/13/20189:03:47 AM
To:
Subject : Checking On You

EASTERN
MICHIGAN U.Nl\ 1£~SlrY -_ _ _ _ _ _ _ _ _ ___..,;c..;...:..;;..;..c;=~
===;;.;;..:;....:;;c.;.:..;;...;..;;;=;::..;....:c Ut--:IVHRSITY 'Ir!'LE IX Of 1HCE
Edua1tlon First \trlNW.emfch. edu!,1tle-1,1n1/

Marcl1 13, 2018

My name is Melody A. Werner and I am the Title JX Coordinator on campus. It is my job to

address any acts of sexual discrimination that occur within our EMU community.

Your friend, met with me today because he is concerned about your well-
being due 10 the sexual assauJt that you endured in January. l atrt very sorry to hear that 1his
happened. l am reaching out to you today to see if you are i11 need of any help aud support
from our office. Twould also like t0 give you infonnation abour our complaint process should
you decide to hold the other patty accountable. Meeting with me is safe and private. You do
not have to take any acti on as a result of meeting with me but I'd like for you to lmow your
optlons.

lf you would like 10 schedule a meeting with tne, please call my office at 734-487-361 7 or
respond to this [email protected]. I look forward to hearing from you.

Thank You,

Melody Werner, Ed.D.

Title 1X Coordinator
mwerner@em ich.edu
J0OB Boone Hall

Tit:'e :X ()ffic~. fast;,m Mid1i;pn University, Ypsiiami, Mt 48W7

Case 2:21-cv-10649-LVP-APP ECF No. 57-2, PageID.2100 Filed 10/07/21 Page 3 of 6
Message
From: [email protected] [[email protected]]
Sent: 3/26/201810:12:59 AM
To :
Subject: Following up

EASTERN
MlCHIGJ\N U.NI\IEl<SlrY U~IVHRSITY T ITLE IX OFHcg
EduC'f!tiort Fl!St i1'ww.em.'i::h. eduftitJe -nlm/

March 26, 2018

Dear-
My name is Melody Werner and I am the Title IX Coordinator on campus. I contacted you a while ago
to see if you would be interested in meeting with me . I am very interested in knowing how you are
doi ng and if I can help you in anyway.

You may contact me by emailing me at [email protected] or by phone at 734- 487-36 17.

Sincerely,

Melody A. Werner, Ed.D.

"Title IX Coordlnator
1008 Boone Hall

' "'
Ti1kt:xCoonl.inawr. 900 ()akl\'<'W S1rre1, Yp;;ilmti. Ml4S l97 • 7:i4.4Si.•161i • fax: 7_;4,46'1.04\1;;
Case 2:21-cv-10649-LVP-APP ECF No. 57-2, PageID.2101 Filed 10/07/21 Page 4 of 6
Message
From: Melody Werner [[email protected]]
on behalf of Melody Werner <[email protected]> ([email protected]]
Sent: 3/29/2018 10:54:38 AM
To:
Subject: Service Encounter Paper

-
I wanted you to know that I asked for an extension up to April 6 for you to tum in your paper. You should
assume that the request wil I be granted, but if I hear anything differently (or if you do), please let me know and
l'Ll take care of it.

Melody

Melody A. Werner, Ed.D.

Title IX Coordinator
10OB Boone Hall
Eastern Michigan University
Ypsi lanti, Ml 48197
Office: 734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-2, PageID.2102 Filed 10/07/21 Page 5 of 6
Message
From: Melody Werner [[email protected]]
on behalf of Melody Werner <[email protected]> ([email protected]]
Sent: 3/29/2018 11:10:07 AM
To:
BCC:
Subject: One more question

-
Would you be willing to speak with an EMU police officer who is a member of our Special Victim's Unit? She
would provide to you some resources and take a statement from you but she would not do anything with it
unless you wanted to. The reason you may want to consider doing this is that if you ever decided to press
criminal charges, th ere would be a report on file. But again, if you do talk to her, she will not move forward
unless you wish to do so.

I meant to ask you this in person but I forgot to, so please excuse the email.

Please let me know your thoughts about this.

Melody

Melody A. Werner, Ed.D.

Title JX Coordinator
I 008 Boone Hall
Eastern Michigan University
Ypsilanti, MI 48197
Office: 734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-2, PageID.2103 Filed 10/07/21 Page 6 of 6
Message
From: Melody Werner [[email protected]]
on behalf of Melody Werner <[email protected]> ([email protected]]
Sent: 4/10/2018 9:14:37 AM
To:
BCC:
Subject: Concern

-
I wanted to give you a head's up that 1 believe that DPS have become involved and may contact you about a
possible harassment issue that is occurring with your roommate (posting accusations on social media). I would
like to meet with you, if possible, to talk this through and decide what you might need to help you cope with all
that is going on. l want to be sure you are okay.

l could meet today at 2:00 or '1:00 if you would like to do so. Please let me know.

Melody

Melody A Werner, Ed.D.

Title IX Coordinator
l OOB Boone Hall
Eastern Michigan University
Ypsilanti , MI 48197
Office: 734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-3, PageID.2104 Filed 10/07/21 Page 1 of 2

EXHIBIT 2
Case 2:21-cv-10649-LVP-APP ECF No. 57-3, PageID.2105 Filed 10/07/21 Page 2 of 2

EASTERN
MICHIGAN UNIVERSITY
Anika Awai-Williams <[email protected]>

Hello from the Title IX Office

1 message

Anika Awai-Williams <[email protected]> Wed , Nov 4, 2020 at 4:27 PM

To:

- e is Anika Awai-Williams and I am the Title IX Coordinator on campus. It is my job to address any acts of
sexual discrimination that occur within our EMU community.

Our office received information that you may have experienced conduct of concern from a former EMU student, and I
am reaching out to you today to see if you are in need of any help and support from our office. Speaking with me is
safe and private and we can talk about anything that is on your mind.

If you would like to schedule a phone call or video conference with me, please respond to this
email aawaiwil@emich .edu . I look forward to hearing from you.

Thanks.

Anika A,wzi-Williams, J.D.

Title IX Coordinator
Title IX Office Eastern Michigan University
I 00 C Boone Hal I
Ypsilanti, Ml 48 197
Office: (734) 487-2202
Email: aawaiwil@emich .edu
Website: https://www.emich.edu/title-nine/

fJ.llll\'\IC,~ll'll!X!llY

n1~1~~t~
Notice ofConfidentiality: The transmitted information is for the exclusive use of!he inlended recipient(s). lfyou are not the
intended recipient, p lease be aware that any review, use, dissemination, dislribution, or copying ofthis communication, in whole
or in par/, is prohibited Ifyou received this communication in error, please not{fy me immediately by e-mail or by phone, delete
1he communication and destroy any copies.
Case 2:21-cv-10649-LVP-APP ECF No. 57-4, PageID.2106 Filed 10/07/21 Page 1 of 2

EXHIBIT 3
Case 2:21-cv-10649-LVP-APP ECF No. 57-4, PageID.2107 Filed 10/07/21 Page 2 of 2

EASTERN
MICHIGAN UNIVERSITY
Christina Shell <[email protected]>

Access to University Transcript

1 message
Christina Shell <cshell Thu, Mar 25, 2021 at 9:27 PM
To:

Dea~

My name is Christina Shell, and I am the University Registrar at Eastern Michigan

University. Yesterday, I learned that there appeared to be a "hold" on your transcript,
preventing your access to it. Unfortunately, this hold appears to have been placed in
error, in mid-December, 2020. There was no existing reason for such a hold to be
placed; it appears to have been the result of a miscommunication between offices. The
hold has now been removed. You now have full access to your transcript, and I would
be happy to work with you regarding any future access issues should you encounter any
problems accessing your transcript. You can find the process for requesting transcripts
at https://www.emich.edu/registrar/transcripts/index.php.

We apologize for our administrative error, and wish you the best in your future
endeavors.

Sincerely,

Chris

Christina Shell
University Registrar
Eastern Michigan University
304 Pierce Hall
Ypsilanti, Ml 48197
Phone (734 )487 .2382
FAX (734)487.6808
emich.edu/registrar
Case 2:21-cv-10649-LVP-APP ECF No. 57-5, PageID.2108 Filed 10/07/21 Page 1 of 2

EXHIBIT 4
D Case 2:21-cv-10649-LVP-APP
EAST ERN MICHIGAN UNIVERSITY EMU Today Library Maps Calendar • Carwos
ECF No. 57-5, PageID.2109 Filed 10/07/21 Page 2 of 2
Email • myEmich Give to EMU • Q

TITLE IX
Title IX Staff Sexual Misconduct and Interpersonal
Report an Incident Violence Reporting Form
Tha nk you tor reporting. Your safety is of the utmost im porta nce to us. Please fill ou t the boxes
Po licies below onct, to the best of your ability. thoroughly describe the behavior you observed and any
other information that you have about the incident.
Committees
Subm it anonymously? D

Your Nome:
FAQ

Title IX Coord inator YourEmoil:

Anika Awa i- Williams

100c Boone Hall
Ypsilanti, Michig an 48 197 Your Phone:
734.487.2202
[email protected]
Dote of the incident?

Approximate lime of the incident?

Location of the incident?

Persons involved:

Please give a desc ription of the incident

would you like the Tllle IX Coordinator to contact you?

,.
Attach supporting document (optional)
IChoose File : No file chosen

Eastern Michigan University

Ypsilanti, Ml, USA 48197 I 734.487.1849 I Contacts

Non-Discrimination Statement I Policies I Report a Title IX Incident I Careers

EXHIBIT 5
Case 2:21-cv-10649-LVP-APP ECF No. 57-6, PageID.2111 Filed 10/07/21 Page 2 of 2

D EASTERN MICHrCAN UNIVERSITY EMU Today Library • Map.'S • Calendar Canvas Email • myEm ich Give to EMU Q.

TITLE IX
Title IX Stoff Sexual Misconduct and !Interpersonal
Report an Incident Violence Reporting Form
Thank you for reporting. Your safety is of the utmost importance to us. Please fill out the boxes
Polrcies below and, to the best of your ability, thoroughly de-scribe the behavior you observed and any
other information that you hove about the inddenl
Committees
submit ononymousLy?-!2

Dote of the incident?'

FAQ

Title IX Coordinator Approximate time of I.he incident?

Anika Awoi-Williams
IOOc Boone Hall
Vpsllontl, Michigan 4 8197 Location of the incident?
734.487.2202
[email protected]
Persons involved:

Please give a description o l the incident

Attach supporting document: (optional)

I
, Choose File No file chosen

Eastern Michigan University

Ypsilanti, Ml, IJSA 48197 I 734.487.1849 I Contacts

Non-Discrimination Statement I Policies I Report o Title IX Incident I Careers

EXHIBIT 6
To: [email protected][[email protected]]
From: Case 2:21-cv-10649-LVP-APP ECF
Anonymous[[email protected]] No. 57-7, PageID.2113 Filed 10/07/21 Page 2 of 2
Sent: Sat 11/10/2018 7:32:27 AM (UTC-06:00)
Subject: Sexual Misconduct Reporting Form

This was submitted anonymously

The Sexual Misconduct Reporting Form was submitted. Its information follows:

Today's Date: 2018-11-10

Date of the incident? Winter 2018 February
Approximate time of the incident? Night time. Night of a DSP party.
Persons imrolved: - -
Location of the i n ~
Please give a discription of the incident: I went over there and There was drinking and I ended up blacking out. I puked and he still took advantage of
me in that state. I woke up only remember bits and pieces and with bru.ises. I thought it was my fault for drinking too much but he was basically
feeding me the a lcohol that night. Since the event I found out he had done this before to other girls and that is why I am sending in this report
because I donaETMt want him to do this to other people.
Case 2:21-cv-10649-LVP-APP ECF No. 57-8, PageID.2114 Filed 10/07/21 Page 1 of 2

EXHIBIT 7
Case 2:21-cv-10649-LVP-APP ECF No. 57-8, PageID.2115 Filed 10/07/21 Page 2 of 2

EASTERN
MICHIGAN UNIVERSITY,
Christina Shell <[email protected]>

Access to University Transcript

1 message
Christina Shell <cshell Thu, Mar 25, 2021 at 9:27 PM
To:
Dear

My name is Christina Shell, and I am the University Registrar at Eastern Michigan

We apologize for our administrative error, and wish you the best in your future
endeavors.

Sincerely,

Chris

Christina Shell
University Registrar
Eastern Michigan University
304 Pierce Hall
Ypsilanti, Ml 48197
Phone (734 )487 .2382
FAX (734 )487 .6808
emich.edu/reg istrar
Case 2:21-cv-10649-LVP-APP ECF No. 57-9, PageID.2116 Filed 10/07/21 Page 1 of 13

EXHIBIT 8
To:
From: Case 2:21-cv-10649-LVP-APP .edu]
ECF No. 57-9, PageID.2117 Filed 10/07/21 Page 2 of 13
Sent: Tue 12/13/2016 7:59:00 AM (UTC-06:00)
Subject: Checking On You

------ - - ~ ------------- 1
I---------- --- -------
December 13, 2016

My name is Melody A. Werner and I am the Title IX Coordinator on campus. It is my job to address any acts of sexual
discrimination that occur within our EMU collllllunity.

Our Department of Public Safety notified me of the sexual assault that occurred in October. I am ve1y sony to hear about
your experience, - . I would like the opportunity to meet with you so that I can check on your well being and see if
there is help you need from my office. I would also like to give you infonnation about our complaint process should you
decide to hold the other party accountable. Meeting with me is safe and private and will provide you with all the
information you need to make a good decision.

If you would like to schedule a meeting with me, please call my office at 734-487-3617 or respond to this
email [email protected]. I look fo1ward to hearing from you.

Thank You,

Melody Werner, Ed.D.

Title IX Coordinator
[email protected]
246B Student Center

Title IX Office, Eastern Michigan University, Ypsilanti, Ml 48197

To:
From: Case 2:21-cv-10649-LVP-APP .edu]
ECF No. 57-9, PageID.2118 Filed 10/07/21 Page 3 of 13
Sent: Thur 12/22/2016 11 :34:09 AM (UTC-06:00)
Subject: Following up

----- - - - ~ -------------- 1
I---------- ------- ---
December 22, 2016

Dear-

My name is Melody Werner and I am the Title IX Coordinator on campus. I contacted you a while ago to see if you would be interested
in meeting with me. I am very interested in knowing how you are doing and if I can help you in any way.

You may contact me by emailing me at mwerner@emich .edu or by phone at 734-487-3617.

Sincerely,

Melody A. Werner, Ed .D.

Title IX Coordinator
246B Student Center

---
To:
From: Case 2:21-cv-10649-LVP-APP .edu]
ECF No. 57-9, PageID.2119 Filed 10/07/21 Page 4 of 13
Sent: Thur 1/12/2017 8:43:17 AM (UTC-06:00)
Subject: In case you want to meet. . .

----------- - --------
------- ---
---------
- ---

January 12, 2017

~-
---- -------
Hi-

This is Melody Werner, the Title IX Coordinator on campus. I contacted you a while ago to see if you would be interested in meeting
with me.

I never want to be a pest, but I understand from experience that it can take a long time before someone is ready to come and speak to
me about a sexual assault or interpersonal violence incident. I simply want to send you a gentle reminder that I am here if you ever
want to come and talk to me.

My phone number is 734-487-3617.

Sincerely,

Melody A. Werner
Title IX Coordinator
[email protected]
734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-9, PageID.2120 Filed 10/07/21 Page 5 of 13
Message
From: Melody Werner ([email protected])
on behalf of Melody Werner <[email protected]> [[email protected]]
Sent: 1/25/2017 12:41:23 PM
To:
BCC:
Subject: Re: Meeting

Great. - - There is nothing you need to bring. l will see you on Tuesday at 3:0O in my office, which is in
246B Student Center. It is located near the Disability Resource Center and the 0mbuds Office.

011 Wed, Jan 25, 2017 at 12:38 PM, > wrote:

Melody,
[ can meet on Tuesday at 3. ls there anything J sbould bring?

On Jan 25, 2017, at 11:53 AM, wrote:

Hi-

It is very good to hear from you. J will be happy to set up a time for us to meet. Would yoll be
available on Monday (1 /30) at 2:00 or later? Or, I am also available on Tuesday ( 1/31) at 3:00. (I
am leaving for a conference on Wednesday next week so Monday and Tuesday are the only days
1 have available next week. 1 also have time this week if that is better for you.)

Melody

On Wed, Jan 25, 2017 at J 1:22 AM. ote:

Hello Melody,

I'm sorry I haven't contacted you earlier and I have not been trying to ignore you' re con.tact. I
would love to meet with you sometime next week and talk about the report and the resource~
available for me. Thank you.

Vlefod.y A. 'Werner,, Ed.O.

T ille IX Coordiu a.tor
246B Sw lkmt Center
East~rn Michig<'!n Univer:'iit:v
Ypsilanti , MI 48197
Officr:-: 734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-9, PageID.2121 Filed 10/07/21 Page 6 of 13

Melody A. Werner, Ed.D.

Title IX Coordinator
246B Student Center
Eastern Michigan University
Ypsilanti, MI 48197
Office: 734-487-3617
To:
From: Case 2:21-cv-10649-LVP-APP .edu]
ECF No. 57-9, PageID.2122 Filed 10/07/21 Page 7 of 13
Sent: Tue 1/31/2017 2:31:41 PM (UTC-06:00)
Subject: Missed Appointment

-----------===-==
-- ------ -------
---
-
--
I am sorry that you were unable to make our scheduled appointment time this afternoon.

I would still like to meet with you to talk to you about how you are doing and to provide you w ith important information.

Please feel free to contact me with your availability so we can schedule another time to meet.

I look forward to hearing back from you.

Sincerely,

Melody A. Werner, Ed.D.

Title IX Coordinator
246B Student Center
734-487-3617

---
To:
From: Case 2:21-cv-10649-LVP-APP .edu]
ECF No. 57-9, PageID.2123 Filed 10/07/21 Page 8 of 13
Sent: Thur 3/2/2017 2:52:07 PM (UTC-06:00)
Subject: Checking up~

----------- - --------
-------- ---
---------
- ---
~-
---- -------
March 02, 2017

Dear_,

This is Melody Werner, the Title IX Coordinator. I hope you don't mind receiving my emails. I wanted to check in with you again to see
how you are doing.

If you are in any need of services from my office, or if you would like information about the Sexual Misconduct and Interpersonal
Violence complaint process, please let me know.

Meeting with me is safe and private. You can explore your options and think about what feels best for you without any pressure to do
anything you aren't comfortable doing.

Feel free to contact me by responding to this email or calling me at 734.487.3617.

Sincerely,

Melody A. Werner
Title IX Coordinator
[email protected]
734-487-3617
To:
From: Case 2:21-cv-10649-LVP-APP .edu]
ECF No. 57-9, PageID.2124 Filed 10/07/21 Page 9 of 13
Sent: Wed 3/15/2017 8:04:41 AM (UTC-05:00)
Subject: Next Steps - Investigation Phase

1 _ _ _ _

March 15, 2017

.
-
--------======-=====- ---------
-------- I

Thank you for meeting with me and allowing me the opportunity to better understand your thoughts about how you might like to
proceed.

Next Steps:

A Title IX investigator has been assigned to this case. The investigator will be contacting you to schedule an interview time.

The investigator will be conducting interviews and gathering information in order to prepare a preliminary investigative report and you
are encouraged to provide to her as much information as possible, which may include but is not limited to the following:

• A description of any relevant incident(s), including the date(s), location(s), and the presence of any witnesses.
• The names of other individuals who might have relevant information about the alleged actions and/or been subject to the
same or similar acts of prohibited conduct.
• Any other information you beUeve to be relevant to the alleged prohibited conduct.

The Responding Party(s) will also be expected to provide as much information as possible in connection with the investigation.

Once the investigator is satisfied the pertinent information has been gathered, she will prepare a preliminary Title IX Investigative
Report and share it directly (but separately) with both you and the Responding Party(s). Once you have reviewed the report, you will
each have two (2) calendar days to provide comments, feedback and/or identify any factual inaccuracies or misunderstandings in the
report. The investigator will then address as appropriate any feedback and additional information , and using the preponderance of the
evidence standard, make a determination as to whether the University's Policy has been violated.

I have shared a lot of information with you and it can be overwhelming. I encourage you to contact me at any time if you have
questions, or if you want an update. My email address is [email protected] and my phone number is 734-487-3617.

Sincerely,
Melody Werner, Ed.D.
Title IX Coordinator
370 Student Center
734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-9, PageID.2125 Filed 10/07/21 Page 10 of 13
Message
From: Melody Werner ([email protected])
on behalf of Melody Werner <[email protected]> [[email protected]]
Sent: 3/22/201710;10:56 AM
To:
BCC:
Subject: How are you doing?

Hi-
t wanted to check in with you to see if you'1e doing okay? I kn.ow the investigator has been
trying to reach you by email and asked me for your cell number so I gave it to her. I wanted you to know that
she w ill probably try to call you. f wanted to make sure you are doing okay and make sure that you are still
feeling okay about moving forward with this investigation. Let me know if you want to meet or talk by phone
for any reason.

Melody

Melody A. Werne1·, Ed.D.

Title IX Coordinator
246B Shident Center
Eastern Michigan University
Ypsilanti, MI 48197
Olflce: 734-487-36.17
Case 2:21-cv-10649-LVP-APP ECF No. 57-9, PageID.2126 Filed 10/07/21 Page 11 of 13
Message
From: Melody Werner ([email protected])
on behalf of Melody Werner <[email protected]> [[email protected]]
Sent: 3/28/2017 4:18:08 PM
To:
BCC:
Subject: Quick question

Hi-
1 understand that you were unable to meet with the investigator this afternoon. I am wondering whether you
want to continue with this process or would you rather not? I sincerely want to do what is best for you as this
semester comes to a close. Could you please take a moment to let me know how you are doing and whether you
still want to continue with the investigation or whether you woul d prefer to change your mind about it? It is
perfectly okay to change your mind. l t's what is best for you.

Thanks, - · I look forward to hearing back from you.

Melody A. Werne1·, Ed.D.

Title IX Coordinator
246B Shident Center
Eastern Michigan U niversity
Ypsilanti, M I 48197
Olflce: 734-487-36.17
Case 2:21-cv-10649-LVP-APP ECF No. 57-9, PageID.2127 Filed 10/07/21 Page 12 of 13
Message
From: Melody Werner ([email protected])
on behalf of Melody Werner <[email protected]> [[email protected]]
Sent: 4/18/2017 7:22:48 PM
To:
BCC:
Subject: Checking on you

Hi-
'
l have been thinking about you. Is there anyth.ing I can do for you? Anything you need?

Melody

Melody A. Wernei·, Ed.D.

Title IX CoordJnacor
246B Student Center
Eastern Michigan University
Ypsilanti, MI 48197
Office: 734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-9, PageID.2128 Filed 10/07/21 Page 13 of 13
Message
From: Melody Werner ([email protected])
on behalf of Melody Werner <[email protected]> [[email protected]]
Sent: 4/20/2017 8:46:57 AM
To:
BCC:
Subject: Follow up

Hi-

How are you doing? I am hoping to talk to you about the case so that we can make some decisions about how to
proceed. Would you be up for a phone call today? If so, can you let me know what number -you would Iike me
to call and a good time to reach you?

Thank you,
Melody

!Vlelody A. Werner, Ed.D.

Title IX Coordinator
246B Student Center
Eastern Michigan University
Ypsilanti, Ml 48197
Office: 734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-10, PageID.2129 Filed 10/07/21 Page 1 of 2

EXHIBIT 9
Case 2:21-cv-10649-LVP-APP ECF No. 57-10, PageID.2130 Filed 10/07/21 Page 2 of 2

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Case 2:21-cv-10649-LVP-APP ECF No. 57-11, PageID.2131 Filed 10/07/21 Page 1 of 2

EXHIBIT 10
Case 2:21-cv-10649-LVP-APP ECF No. 57-11, PageID.2132 Filed 10/07/21 Page 2 of 2

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Case 2:21-cv-10649-LVP-APP ECF No. 57-12, PageID.2133 Filed 10/07/21 Page 1 of 2

EXHIBIT 11
To:
Bee: Case 2:21-cv-10649-LVP-APP ECF No. 57-12, PageID.2134 Filed 10/07/21 Page 2 of 2
From:
Sent: Tue 4/4/2017 10:08:51 AM (UTC-05:00)
Subject: Status of investigation

I hope you are doing well and that the end of the semester is going well for you.

I understand you have been unable to meet with the investigator thus far and she has been unsuccessful in rescheduling
another time with you. As you know from my previous emails and voice mails, we do not have enough info1mation to
continue the investigation into the alleged sexual assault involving without your pa1ticipation.

If you could please let me know by the end of the day tomonow (Wednesday, April 5) whether you would like to continue
the investigation or withdraw, I would appreciate it. Ifl do not hear from you by the end of tomo1Tow, I will close the
investigation. Please know, however, that you can revisit this at any time in the future should you wish to proceed with an
investigation.

Thank you, - . I look fo1ward to hearing back from you.

Melody

Melody A. Werner, Ed.D.

Title IX Coordinator
246B Student Center
Eastern Michigan University
Ypsilanti, MI 48197
Office: 734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-13, PageID.2135 Filed 10/07/21 Page 1 of 2

EXHIBIT 12
Case 2:21-cv-10649-LVP-APP ECF No. 57-13, PageID.2136 Filed 10/07/21 Page 2 of 2

A Eastern
LOH MICHIGAN UNIVERSITY
Education First

Office of Student Conduct and Community Standards

Thank you for taking the time to talk with me over the phone on Tuesday, February 17, 2015. We had an
opportunity to discuss the conduct process at Eastern Michigan University, particularly as it relates to matters of
sexual misconduct.

Our office became aware of that you filed a complaint with the Ypsilanti Police Department through our
Department of Public Safety alleging sexual assault against an EMU student, Shortly
thereafter, I was able to speak with Victim Advocate from the University of Toledo. She
relayed additional details on your behalf including your interest in participating in our conduct process. She
later relayed to me that you did not want to participate in the EMU conduct process at this time. After talking
with her, I contacted you so that we could discuss the matter directly. Our conversation took place on February
17, 2015.

During our conversation we discussed your decision not to move forward with the complaint at this time.
However, you have informed me that you would like reserve your right to move forward in the future. I would
like to contact you in the next couple of weeks to again discuss whether you would like to move forward with
the complaint. Please know that the EMU Student Conduct process is available to you should you decide to go
forward.

More information about policies, procedures and other resources related to sexual misconduct can be found by
visiting the university's Title K website at www.emich.edu/title-nine/.

Please feel free to contact me at your convenience with any questions or comments. I can be reached via phone
at 734.487.2157, or via email at [email protected].

Sincerely,

Jesus Hernandez
Office of Student Conduct and Community Standards

250 EMU Student Center • Ypsilanti, MI 48197 • Phone 734.487.2157 • Fax 734.487.4376
Case 2:21-cv-10649-LVP-APP ECF No. 57-14, PageID.2137 Filed 10/07/21 Page 1 of 2

EXHIBIT 13
Case 2:21-cv-10649-LVP-APP ECF No. 57-14, PageID.2138 Filed 10/07/21 Page 2 of 2
From
Date: Thu, :May 7. 2015 at 12:12 PM
Subject:
To: "[email protected]" <[email protected]>

Hello,

My counselor,. from UT told me she talked to you yesterday and that you wanted a brief email from me As you
know, the prosecutor did not pick up my case. I'm done with this. Everything is falling through the cracks and I don't want
to do it anymore. If you would like to move forward without me having to be involved, you have my statement and you
have my permission to use it as you will, but I don't want any part of it. I'm trying to move forward.

Thank you and have a great day,

Case 2:21-cv-10649-LVP-APP ECF No. 57-15, PageID.2139 Filed 10/07/21 Page 1 of 3

EXHIBIT 14
To:
Bee: Case 2:21-cv-10649-LVP-APP ECF No. 57-15, PageID.2140 Filed 10/07/21 Page 2 of 3
From:
Sent: Thur 11 /16/2017 10:40:25 AM (UTC-06:00)
Subject: CONFIDENTIAL - NOTICE OF OUTCOME

Dear-

(Please respond to this email so that I know that you have received it - thank you!)

Pursuant to the Student Investigative Procedure: Sexual Misconduct and Interpersonal Violence, Section IV D. Fo1mal
Resolution, a Review Panel was established for the purpose of reviewing the final investigative report in the below
referenced matter. I am contacting you today to provide you with the outcome of this review.

Decision:

Responsible

Decision Rationale:

The Review Panel supports the finding that the Respondent is responsible for violating Section V.P 1. of Eastern Michigan
University's Sexual Misconduct and Inte1personal Violence Policy, based on the preponderance of evidence as presented by
the investigative repo1t.

The consistency and credibility of the complainant, witness statements, and accompanying text exchanges as noted in the
investigator's repo1t directly contributed to the preponderance level of evidence being met. The panel noted that her
nanative of the event remained constant and credible throughout the duration of this process. The respondent 's text
exchange was noted as being inconsistent as evidenced by the following statements :
" ... barely remember anything at all."

"I'm so fucky sony I don't remember that at all"

These statements are inconsistent with his account that he acknowledged "I didn't finish last night anyways though because
I stopped when you said it hmt and I fell asleep".

Sanction(s):

TBD

Sanction(s) Rationale:

As noted above and by the investigative repo1t the respondent was found to be responsible for sexual misconduct and
harassment. The panel verified and confomed that the respondent has graduated with their undergraduate degree in Spring
2017. Confomation was provided (per email from Melody Werner, Title IX Coordinator) via the Registrar 's office on
November 7, 2017. Normally, sanctions would be detennined at this point, but because the student is no longer emolled, we
are unable to administer sanctions. The respondent's student account will be placed on HOLD pending any efforts to re-
emoll at Eastern Michigan University. This means that the respondent will be unable to register for classes while the Hold is
in place. If or when the respondent is accepted into a program of study, the hold will remain in place and the sanctioning
phase for this case will be revisited to make dete1mination of any/all appropriate sanctions including and up to pe1manent
disinissal from the university.

Appeal Process:

Either party may appeal the outcome and/or sanction. The appeal will be conducted in an impartial manner. The Associate
Vice President for Student Affairs will conduct appeals. A review of the matter will be prompt and nanowly tailored to
stated appeal grounds. The liinited grOlmds for appeal are as follows:
New information
Case that could affect the finding ofECF
2:21-cv-10649-LVP-APP the investigator
No. 57-15,or Review Panel and
PageID.2141 was
Filed not available
10/07/21 Pagethrough
3 of 3the exercise
of due diligence at the time of the investigation;
A deviation from University policy or procedure that materially affected the outcome;
Sanctions too harsh or too lenient.
The appeal shall consist of a plain, concise, and complete written statement outlining the grounds for the appeal.
Dissatisfaction with the outcome of the investigation is not grounds for appeal. The appeal must be submitted to the Title IX
Coordinator within five (5) days of the date of the outcome letter. Upon receipt of the appeal, the Title IX Coordinator will
forward the request to the Associate Vice President for Student Affairs.

The Title IX Coordinator will provide the other party notice of the appeal and the opportunity to respond in writing to the
appeal. Any response to the appeal must be submitted within five (5) days from the receipt of the appeal. In the event both
parties initially appeal the findings, each party will be provided notice and a copy of the other party s appeal.

The Associate Vice President of Student Affairs can:

Affirm the original findings, or

Alter the findings, and/or
Alter the sanctions, depending on the basis of the requested appeal.
The Associate Vice President of Student Affairs will communicate the result of the appeal to the Complainant and
Respondent within ten (10) days from the date of the submission of all appeal documents by both parties. Decisions on
Appeals are final. You can find additional information about this process in the Investigative Procedure.

Please do contact me if you have any questions about the information that I have provided in this letter.

Sincerely,

--
Melody A. Werner, Ed.D.
Title IX Coordinator
100B Boone Hall
Eastern Michigan University
Ypsilanti, MI 48197
Office: 734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-16, PageID.2142 Filed 10/07/21 Page 1 of 2

EXHIBIT 15
To:
From: CaseWerner[[email protected]]
Melody 2:21-cv-10649-LVP-APP ECF No. 57-16, PageID.2143 Filed 10/07/21 Page 2 of 2
Sent: Tue 10/24/2017 2:35:11 PM (UTC-05:00)
Subject: Your thoughts?

The draft summary (including analysis) is complete. Due to your not being in the area, I am willing to send you a copy of
the draft via email to review but it is not necessary for you to review this unless you want to do so.

The information is very private and if I do send it to you by email

--
Melody A. Werner, Ed.D.
Title IX Coordinator
100B Boone Hall
Eastern Michigan University
Ypsilanti, MI 48197
Office: 734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-17, PageID.2144 Filed 10/07/21 Page 1 of 2

EXHIBIT 1
To: Melody Werner[[email protected]]
From: Case
Kyle 2:21-cv-10649-LVP-APP ECF
Martin[[email protected]] No. 57-17, PageID.2145 Filed 10/07/21 Page 2 of 2
Sent: Tue 10/16/2018 10:33:50 AM (UTC-05:00)
Subject: Fwd: Risk Management Incident

Fo1warded message
From:
Date: Tue, Oct 16, 2018 at 11 :02 AM
Subiect: Risk Management Incident
To: Kyle Martin <[email protected]>

Hi-and Kyle,
I don't know where to begin with this email because I am about to release a lot of deeply saddening and ve1y delicate
infonnation. I am sharing this infonnation on behalf of because she would like to
report this anonymously, therefore I request that this infonnation remain confidential, excluding the proper judicial
processes that may follow.

The incident is as follows:

On Friday, October 12th, after a night out drinking, a few Sigma Kappa members and found themselves at
the Delta Tau Delta fraternity house. After some time, , , , and---
moved to ■ and bedroom. Initially bed before being coercedbYIIIIII
- to move to bed. It was then that pulled down a ts and began to have non-consensual
sex with her. as she did not say yes and she was far too intoxicated to give c a n d - left the
began to rape her and did not attempt to stop the situation. returne while 1t was still happening
bed. passed out when it was over and was woken a short while later to being raped a
t once again as he finished and was unable to move until morning.
This inf01mation is all coming from tellin me directly, and I have a statement that she sent me, so I
believe this to be accurate and ttue. Once again, I have left names out of this report due to anonymity and
to not interfere with internal judicial process.

Please let me know if you have any questions.

Best,

Kyle S. Martin
Pronouns: He/ Him/ His
Coordinator, Greek Life and Leadership Development
Eastern Michigan University
734.487.5669
emich.edu/ campuslife

Responsibility I Relator I Ideation I Individualization I Empathy

Case 2:21-cv-10649-LVP-APP ECF No. 57-18, PageID.2146 Filed 10/07/21 Page 1 of 2

EXHIBIT 1
To:
Bcc: Case 2:21-cv-10649-LVP-APP ECF No. 57-18, PageID.2147
[email protected][[email protected]] Filed 10/07/21 Page 2 of 2
From: Melody Werner[[email protected]]
Sent: Wed 10/17/2018 7:30:12 AM (UTC-05:00)
Subject: Title IX Report

Dear ,

Thank you very much for submitting the online report about the sexual assault that occurred on October 12th. I am so
appreciative of your care and concern and for your knowledge of the responsibility to get this information to me. I have a
few questions (and if you d prefer to talk on the phone, just let me know). I am attending a class today and tomorrow but
will be back in the office on Friday. I am available via cell phone and email.

First, although I received a report that sounds similar to yours, the name of the victim was not provided to me, so I do not
have this person s name. Would you be able to find out her name and provide it to me?

Second, can you tell me the name of the fraternity house where this occurred? I think I know but I want to be sure.

Third, does the student that you named live at the fraternity house or was he a guest? I assume he is an EMU student?
(Becuase I am not in the office it is not as easy for me to check this for myself.)

Thank you again, , for your help. Please either reply to this email, or if you prefer, call me on my cell: .I
have my phone on silent so your call will not disturb the class. If I don t answer, I will call you back quickly.

Melody
--
Melody A. Werner, Ed.D.
Title IX Coordinator
100B Boone Hall
Eastern Michigan University
734.487.3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-19, PageID.2148 Filed 10/07/21 Page 1 of 2

EXHIBIT 1
To:
From: Case 2:21-cv-10649-LVP-APP ECF No. 57-19, PageID.2149 Filed 10/07/21 Page 2 of 2
Sent: Tue 10/30/2018 1:29:18 PM (UTC-05:00)
Subject: Message from the Title IX Office

October 30, 2018

Dear_ ,

It was so very nice to meet you last week, - · I wanted to check in and see if there is anything I can do for you this week?

I'd also like to see how you are feeling about allowing me to investigate this incident and possibly hold the other person accountable
for his actions?

I look forward to hearing back from you when you are able to respond.

Thank You,

Melody Werner, Ed.D.

Title IX Coordinator
[email protected]
100B Boone Hall
Case 2:21-cv-10649-LVP-APP ECF No. 57-20, PageID.2150 Filed 10/07/21 Page 1 of 2

EXHIBIT 1
To: mwerner(@.emich.edu[[email protected]]
From: Case 2:21-cv-10649-LVP-APP ECF No. 57-20, PageID.2151 Filed 10/07/21 Page 2 of 2
Sent: ue C-05:00)
Subject: Re: Message from the Title IX Office

Hello! Our meeting was helpful for me to understand all of the resources and options I have! At this time I am still a little
reluctant to move along with an investigation, but that might change in the future Thank you for meeting with me

On Oct 30, 2018, at 2:29 PM, [email protected] wrote:

October 30, 2018

Dear_ ,

It was so very nice to meet you last week, - · I wanted to check in and see if there is anything I can do for you this week?

I'd also like to see how you are feeling about allowing me to investigate this incident and possibly hold the other person
accountable for his actions?

I look forward to hearing back from you when you are able to respond.

Thank You,

Melody Werner, Ed.D.

Title IX Coordinator
[email protected]
100B Boone Hall
Case 2:21-cv-10649-LVP-APP ECF No. 57-21, PageID.2152 Filed 10/07/21 Page 1 of 3

EXHIBIT
To:
From: CaseWerner[[email protected]]
Melody 2:21-cv-10649-LVP-APP ECF No. 57-21, PageID.2153 Filed 10/07/21 Page 2 of 3
Sent: Tue 2/19/2019 1:37:58 PM (UTC-06:00)
Subject: Re:

HI
That's okay, thanks for letting me know I can see you now or at 3 00 if that would be helpful I was able to get back early
from another meeting.

Melody

On Tue, Feb 19, 2019 at 2:20 PM wrote:

Hi Melody! I m sorry I m emailing you so much. We had a meeting at 3:30 today and I emailed you earlier asking to
move it to 3pm but I don t think I will be able to make it at any time today! I m really sorry again for the multiple emails
and letting you know this last minute. Thank you!

Thanks again,

On Feb 14, 2019, at 5:49 PM, Melody Werner <[email protected]> wrote:

Okay, , see you at 3:30 on Tuesday!

On Thu, Feb 14, 2019 at 5:31 PM > wrote:

3:30 on Tuesday works best for me!

Thanks,

On Feb 14, 2019, at 4:44 PM, Melody Werner <[email protected]> wrote:

Yes, , absolutely. How about 2:30 on Monday, or 3:30 on Tuesday?

On Thu, Feb 14, 2019 at 12:35 PM wrote:

I can t do tomorrow and I have class until 2:50 so those wouldn t work for me! Are there any
other times we could meet next week??

Thanks,

On Feb 14, 2019, at 9:38 AM, Melody Werner <[email protected]> wrote:

Hi ,
The next step would be for us to schedule a meeting so that I can learn more
about what is happening and then we can choose the best strategy for making sure
you feel safe and comfortable I could meet at 10 00 10 30 tomorrow morning
or at 2:30 on Monday (Feb. 18) afternoon. Would either of those work for you,

Melody
On Thu, Feb 14, 2019 at ECF
Case 2:21-cv-10649-LVP-APP 9:25 AM
No. 57-21, PageID.2154 Filed 10/07/21 Page 3 of 3
wrote:

Good morning, Melody! It s , we met a few months back. I

remember during our meeting you told me that I could place a restraining
order type thing on the guy so that when he sees me around campus he has to
stay away from me. I was just wondering what steps I have to take for that to be
put in place?? Thank you so much.

--
Melody A. Werner, Ed.D.
Title IX Coordinator
100B Boone Hall
Eastern Michigan University
Ypsilanti, MI 48197
Office: 734-487-3617

--
Melody A. Werner, Ed.D.
Title IX Coordinator
100B Boone Hall
Eastern Michigan University
Ypsilanti, MI 48197
Office: 734-487-3617
Case 2:21-cv-10649-LVP-APP ECF No. 57-22, PageID.2155 Filed 10/07/21 Page 1 of 5

EXHIBIT
To:
From: Case 2:21-cv-10649-LVP-APP ECF No. 57-22, PageID.2156 Filed 10/07/21 Page 2 of 5
Sent: Thur 11/15/2018 12:1 1:41 PM (UTC-06:00)
Subject: Checking On You

-~-
------------ -------
------- ---- ---
-------- I

November 15, 2018

Dear_ ,

My name is Melody A. Werner and I am the Title IX Coordinator on campus. It is my job to address any acts of sexual
discrimination that occur within our EMU commllllity.

I was notified by DPS that you were sexually assaulted at a party at the Delta Tau Delta House on October 18. I'm really
sony to hear that this happened to you. I am reaching out to you today to see if you are in need of any help and support
from our office. I would also like to give you infonnation about our complaint process should you decide to hold the other
party accountable for behaviors that may be in violation of our Sexual Misconduct and Interpersonal Violence policy.
Meeting with me is safe and private and we can talk about anything that is on your mind.

If you would like to schedule a meeting with me, please call my office at 734-487-3617 or respond to this
email [email protected]. I look fo1ward to hearing from you.

Thank You,

Melody Werner, Ed.D.

Title IX Coordinator
[email protected]
100B Boone Hall

Title IX Office, Eastern Michigan University, Ypsilanti, Ml 48197

To:
From: Case 2:21-cv-10649-LVP-APP ECF No. 57-22, PageID.2157 Filed 10/07/21 Page 3 of 5
Sent: Wed 11/28/2018 3:20:25 PM (UTC-06:00)
Subject: Following up

-------
-~-
------------ ------- ---- ---
-------- I

November 28, 2018

My name is Melody Werner and I am the Title IX Coordinator on campus. I contacted you a while ago to see if you would be
interested in meeting with me. I am very interested in knowing how you are doing and if I can help you in any way.

You may contact me by emailing me at mwerner@emich .edu or by phone at 734-487-3617.

Sincerely,

Melody A. Werner, Ed.D.

Title IX Coordinator
100B Boone Hall
To:
From: Case 2:21-cv-10649-LVP-APP ECF No. 57-22, PageID.2158 Filed 10/07/21 Page 4 of 5
Sent: Tue 12/11/2018 9:33:45 AM (UTC-06:00)
Subject: In case you want to meet. . .

----- -----------
----
-------
December 11, 2018
--
---------- -- - ...... -

This is Melody Werner, the Title IX Coordinator on campus. I contacted you a while ago to see if you would be interested in meeting
with me. ·

My phone number is 734-487-3617.

Sincerely,

Melody A. Werner
Title IX Coordinator
[email protected]
734-487-3617
To:
From: Case 2:21-cv-10649-LVP-APP ECF No. 57-22, PageID.2159 Filed 10/07/21 Page 5 of 5
Sent: Mon 1/7/2019 9:28:20 AM (UTC-06:00)
Subject: Checking up~

----- -----------
----
------- --
----------- -- - ...... -

January 07, 2019

Dear_,

This is Melody Werner, the Title IX Coordinator. I hope you don't mind receiving my emails. I wanted to check in with you again to see
how you are doing. ·

If you are in any need of services from my office, or if you would like information about the Sexual Misconduct and Interpersonal
Violence complaint process, please let me know.

Meeting with me is safe and private. You can explore your options and think about what feels best for you without any pressure to do
anything you aren't comfortable doing.

Feel free to contact me by responding to this email or calling me at 734.487.3617.

Sincerely,

Melody A. Werner
Title IX Coordinator
[email protected]
734-487-3617

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