A 30 second Google search showed that this student athlete has filed civil lawsuit against College on 11/30/21 for “448 Civil Rights Education 20:1681 Civi Rights Education Amendment Act 1972”


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(01-01-2022 08:25 PM)wmmii Wrote:  A 30 second Google search showed that this student athlete has filed civil lawsuit against College on 11/30/21 for “448 Civil Rights Education 20:1681 Civi Rights Education Amendment Act 1972”


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Seems to be a Title IX issue

Ventura College (California) offers a summary and examples of Title IX
issues.

https://www.venturacollege.edu/college-i...efinitions

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Title IX Definitions and Examples of Title IX Violations

Gender Discrimination

Gender Discrimination is defined as the following by Title IX:

Gender discrimination is defined as the following by Title IX:
Discrimination or harassment based upon one's gender (sex)
Unfair treatment, attitudes, or behaviors towards an individual based upon their gender (sex)

Gender identity discrimination as covered by Title VII
Sexism, sexist attitudes, and sex stereotyping
Unproportionate athletic programs or activities offered to all genders in relationship to the college's enrollment

Examples

gender-based bullying
derogatory or sexist remarks
gender discrimination in an activity, athletics, program, office, or classroom

Sexual Harassment

Sexual Harassment is defined as the following by Title IX:

Unwanted sexual behavior, advances, or requests for favors
Unwelcomed verbal, visual, or physical sexual conduct
Offensive, severe, and/or frequent remarks about a person's sex
Harassment of a sexual nature which interferes with an individual's right to an education and participation in a program or activity

Examples

stalking or obscene phone calls, texts, emails, or gestures
sexually suggestive jokes, whistles, catcalls, or innuendos
inappropriate touching
intimidation
Sex Violence

Sex Violence is defined as the following by Title IX:

Sexual abuse or assault, battery, or coercion
Unwanted sexual contact that stops short of rape or completed rape
Use of force or manipulation of unwanted sexual activity
Physical acts where a person is incapable of giving consent or is against a person's will

Examples

sexual assault, battery, or coercion
attempted or completed rape
inappropriate touching
physical and/or aggressive sexual advances

Retaliation

Retaliation is defined as the following by Title IX:

A strike back in response to another's action or accusation
a form of revenge or reaction because of a filed complaint against a person
refusal to promote, advance, or accurately support/qualify a person due to a complaint filed

Examples

demotion or prohibiting advancement due to a filed complaint
firing, loss of benefits, or the like due to a filed complaint
unfair treatment or discrimination due to a filed complaint

Hostile Environment

Hostile Environment is defined as the following by Title IX:

A situation of discriminatory or sexual nature that has occurred and created a adverse setting

An intimidating or offensive environment that causes a person to be fearful

A setting that denies, limits, or interferes with a person's ability to participate in or benefit from a program, activity, or job

Examples

Bullying, abusive or intimidating comments and actions
Intimidating or offensive comments that alter the conditions of a person's work, classroom, team, or program environment
Continual offensive comments or surroundings of a discriminatory or sexual nature

W&M surely has protocols in place to handle complaints. I have to think the first step for harassment is to tell the alleged aggressor to stop. If it doesn’t stop, notify someone in a supervisory role who holds a position senior to the alleged aggressor and meet with someone in the counseling department. If the issue isn’t resolved, report the issue to administration and police. If she did that and the issue wasn’t resolved, W&M has a major problem. If she went straight to the court route, I wonder why and I’d have to think W&M has a defense. Of course, we don’t know the severity of the allegations.

Either way, this guy should be on paid administrative leave pending an internal and maybe an external investigation. Is there a protective order in place?

The information below shows a complaint was filed by a WBB student athlete against Nate Engelhardt:

Defendant Status: RELEASED ON SUMMONS
Filed Date: 08/04/2021
Locality: COMMONWEALTH OF VA
Code Section: 18.2-60.3
Charge: STALKING: FEAR OF DEATH/ASSLT
Case Type: MISDEMEANOR
Class: CLASS 1
Offense Date: 10/01/2019

It is interesting to note that the offense date was 10/1/19 and the complaint was filed on 8/4/21. This criminal case was dropped by the prosecutor but now the student athlete has filed a civil lawsuit against the College alleging Title IX violations that appear to be related to this same charge.

Nate works in the Athletic Business office and has been recently promoted. Here is the information about him:

https://tribeathletics.com/staff-directo...lhardt/152

While the facts on this case are clearly unknown, it is clear that the student athlete found the reaction to her compliant by the College to be inadequate and the College deemed it acceptable to promote Nate Engelhardt.

(01-04-2022 08:18 AM)Tribembb2 Wrote:  The information below shows a complaint was filed by a WBB student athlete against Nate Engelhardt:

Defendant Status: RELEASED ON SUMMONS
Filed Date: 08/04/2021
Locality: COMMONWEALTH OF VA
Code Section: 18.2-60.3
Charge: STALKING: FEAR OF DEATH/ASSLT
Case Type: MISDEMEANOR
Class: CLASS 1
Offense Date: 10/01/2019

It is interesting to note that the offense date was 10/1/19 and the complaint was filed on 8/4/21. This criminal case was dropped by the prosecutor but now the student athlete has filed a civil lawsuit against the College alleging Title IX violations that appear to be related to this same charge.

Nate works in the Athletic Business office and has been recently promoted. Here is the information about him:

https://tribeathletics.com/staff-directo...lhardt/152

While the facts on this case are clearly unknown, it is clear that the student athlete found the reaction to her compliant by the College to be inadequate and the College deemed it acceptable to promote Nate Engelhardt.

The timeline is interesting. Stalking is an offense that generally occurs over a period of time, so the 2019 date may be the starting date of alleged objectionable conduct which may have continued for awhile. Since Engelhardt was promoted in July 2021 and the criminal complaint wasn't filed until early August, it's not clear what (if anything) the decision-makers might have known at the time of the promotion. Various scenarios are possible.

The complaint in the Title IX action would provide more details (as seen from the plaintiff's viewpoint, of course).

I had a few minutes to spare, so I read the complaint. It's odd -- not what you would expect, and not related to gender in the ordinary sense.

The gist of the allegations is that the coaching staff gave her some directions, and later had her followed to see if she was complying with them. It sounds like this may have legitimately frightened her on at least one occasion.

Based on the evidence thus gathered, they allegedly threatened to yank her scholarship.

She complained to the College, and was not satisfied with the process that resulted.

She claims she is now being disparaged at practice and denied playing time in an effort to drive her to quit the team.

Stover had ankle surgery in the fall, so I don't think she had any chance of playing this season.

(01-06-2022 04:55 PM)Tribe32 Wrote:  Stover had ankle surgery in the fall, so I don't think she had any chance of playing this season.

She has played in 5 games for a total of 8 minutes over the course of her collegiate career. She’s a senior.


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Thanks Gym Rat. What do you mean when you say the “coaching staff had her followed?”

(01-06-2022 07:32 PM)Tribal Wrote:  

(01-06-2022 04:55 PM)Tribe32 Wrote:  Stover had ankle surgery in the fall, so I don't think she had any chance of playing this season.

She has played in 5 games for a total of 8 minutes over the course of her collegiate career. She’s a senior.


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Walk on players get more playing time

“Had her followed” was kind of yada yadda’d there.

This guy Engelhardt surveilled a student at Swanson’s behest? And Engelhardt gets promoted and Swanson is still the coach?

Do I have this right?

"had her followed" and the entire narrative is her allegation. I'm guessing there is little to no proof or evidence for any of her allegations to move forward. If this had any legs and there was a chance to move to the charging stage, the named parties wouldn't be promoted. A student athlete felt aggrieved. Sorry to hear it. It doesn't mean anything was actually directed at her.

I feel like it might be best if we stopped speculating too much about this, and wait until any more facts come out (if anything more comes out)

(01-07-2022 09:38 AM)TDenverFan Wrote:  I feel like it might be best if we stopped speculating too much about this, and wait until any more facts come out (if anything more comes out)

+1

(01-07-2022 11:31 AM)3xTribe Wrote:  

(01-07-2022 09:38 AM)TDenverFan Wrote:  I feel like it might be best if we stopped speculating too much about this, and wait until any more facts come out (if anything more comes out)

+1

I'm also inclined to agree with TD.

Yes, there was a lot of "yadda-yaddaing" in my brief summary, and it was intentional. My purpose was merely to make it clear that this was NOT alleged to be a "typical" stalking or sexual harassment situation, since some of the previous posts had left me with that impression before I actually read the complaint.

I don't know any of the individuals involved, and I have no desire to "name names" or otherwise go into greater detail.

EDIT: I will say, to correct a possible misimpression from one of my own previous posts, that the College was aware of the situation long before July of 2021.

(01-07-2022 11:58 AM)Blow Gym rat Wrote:  

(01-07-2022 09:38 AM)TDenverFan Wrote:  I feel like it might be best if we stopped speculating too much about this, and wait until any more facts come out (if anything more comes out)

I'm also inclined to agree with TD.

Yes, there was a lot of "yadda-yaddaing" in my brief summary, and it was intentional. My purpose was merely to make it clear that this was NOT alleged to be a "typical" stalking or sexual harassment situation, since some of the previous posts had left me with that impression before I actually read the complaint.

I don't know any of the individuals involved, and I have no desire to "name names" or otherwise go into greater detail.

EDIT: I will say, to correct a possible misimpression from one of my own previous posts, that the College was aware of the situation long before July of 2021.

Thanks for taking the time Blow Gym for reading the complaint! Must agree with TD that we should stop speculating. Our facts are:

1. Student athlete is very unhappy since October 2019 about the actions of an administrator in the Business Department in Athletics.
2. College aware that the student athlete was "scared" by the action of the administrator.
3. College employee was promoted to Associate Athletic Director in July 2021.
4. Student filed a criminal complaint in 8/4/21 with court continuous on 8/17 and prosecutor on 8/26/21 choosing not to prosecute.
5. Student files Title IX civil lawsuit on 11/30/21.

Lost to JMU 67-39. Four starters shot a combined 6-39. Bellamy had a real nice game, but had some foul trouble.

(01-02-2022 10:10 AM)Tribal Wrote:  W&M surely has protocols in place to handle complaints. I have to think the first step for harassment is to tell the alleged aggressor to stop. If it doesn’t stop, notify someone in a supervisory role who holds a position senior to the alleged aggressor and meet with someone in the counseling department. If the issue isn’t resolved, report the issue to administration and police. If she did that and the issue wasn’t resolved, W&M has a major problem. If she went straight to the court route, I wonder why and I’d have to think W&M has a defense. Of course, we don’t know the severity of the allegations.

Either way, this guy should be on paid administrative leave pending an internal and maybe an external investigation. Is there a protective order in place?

Thank you again Gym Blow Rat for digging a bit deeper.

I’m perplexed by the “no speculation allowed here” take, when many of the very same posters on the Forum often speculate, and sometimes on other lawsuits at other institutions! I hope we are concerned that a female student-athlete was followed, and whoever thought that in his judgement that was wise course of action is still employed. I’m going out on a limb here, but this is likely the worst kept secret at Kaplan.

After giving this more thought, are there any other FACTS that you are willing to share here? For example, as wondered in the above post, do the allegations indicate that the police were NOT called, and NOT reported to “someone in a supervisory role” at the college in a timely and proper manner? I think it’s been made clear that this was not a matter that “went straight to court “. I agree with Tribal that these would be important considerations.

Again, thank you.

(01-08-2022 04:57 PM)Proud Triber Wrote:  I’m perplexed by the “no speculation allowed here” take....

You shouldn’t be surprised. There’s a trio of posters who got bent all out of shape here when the talk was merely about injury transparency and/or possible disciplinary issues. Interestingly, one of them did comment about the Stover situation.

(01-08-2022 07:51 PM)Zorch Wrote:  

(01-08-2022 04:57 PM)Proud Triber Wrote:  I’m perplexed by the “no speculation allowed here” take....

You shouldn’t be surprised. There’s a trio of posters who got bent all out of shape here when the talk was merely about injury transparency and/or possible disciplinary issues. Interestingly, one of them did comment about the Stover situation.

Why so coy? Name the posters with whom you have the beef, state your facts & opinion, and let it fly.

My position is it’s not of your, my, or any fan’s business why players didn’t play and we shouldn’t take a position on Stover’s allegation beyond what we know.


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