Editor's note: According to WKYC's policy, the student's name has been removed in this report.
CLEVELAND -- A former softball player and current student at Kent State University in Ohio has sued her coach and the school, claiming they engaged in a cover-up and failed to follow federal guidelines after she reported being raped by the coach's son.
The student's lawsuit filed Tuesday in federal court alleges she was raped by then-coach Karen Linder's son Tucker Linder in December 2012.
The lawsuit says she told Karen Linder about the attack in May 2014 and a university official in August 2015. The victim's attorney says she didn't report the attack to police.
In a Kent State University statement released early Tuesday evening, it reads: "When we are formally served with the complaint we will answer accordingly. The university is strongly committed to Title 9 and we take these matters very seriously. We follow all policy and procedures related to Title 9, taking measures above and beyond what is required to ensure all students staff and faculty are aware of their rights and responsibilities."
The lawsuit, filed by her attorney Subodh Chandra, alleges that Linder didn't report the allegation to the university, and school officials didn't follow its procedures.
Chandra released a statement to the media. In part, it reads:
[The alleged victim], a senior at Kent State University filed a civil lawsuit against KSU and former softball coach Karen Linder. The complaint alleges that Linder used her substantial influence as [her] softball coach to cover up her allegation that Linder's son — then a Kent State baseball player — had raped [the victim] in the fall of their freshman year.
The complaint alleges that when she reported the attack to her coach at the end of her sophomore year, Linder responded by asking her who she had told, and then instructing her not to tell anyone else. Linder failed to report the rape as required by University policy.
Linder did, however, apparently tell her son about the report. After she reported the rape to her coach, Tucker Linder sent [the victim] a text message acknowledging that "[he] never should have put her in a situation like that" and that "[his] actions caused [her] pain for all this time." And he said, "If ignoring me, hating, me, and forgetting I exist is better for you to cope with this, I understand."
The complaint alleges that Linder treated [the victim] differently after she reported the rape, acting with extreme indifference toward her, and criticizing her for what she deemed as overly emotional behavior. And Linder required her to come to the Linder family home—which was adorned with photographs including life-sized wall decals of her rapist— for softball activities and events, rejecting her request to have the team meet elsewhere.
The complaint alleges that in the aftermath of her resignation, Linder disseminated a false narrative throughout the softball community that blamed the student and her parents for Linder's resignation, which created a climate of extreme hostility. This included public statements by Linder blaming her abrupt "retirement" on "philosophical differences with today's athletic world" and her frustration with "a world of entitlement" and "kids who need three reasons why they need to do [what I tell them]."
The student also faced retaliation and backlash from coaches, teammates, and alumni after Linder resigned. Interim head coach Eric Oakley called a team meeting where he threatened to dismiss any player who had anything bad to say about Linder.
The complaint alleges that, despite her repeated pleas, Kent State did nothing to prevent or correct the situation. She tried to arrange a meeting with the Title IX coordinator, Loretta Shields, but was refused. Athletic Director Nielsen rejected the victim's request to ensure that her rapist was ordered to remain off campus. She experienced extreme weight loss, nausea, anxiety, and panic attacks. Under the circumstances, she was unable to continue with softball.
Chandra said, "College coaches wield considerable power over their athletes. But with the power to demand obedience comes the responsibility not to abuse that power. No student-athlete should ever have to choose between reporting sexual abuse and playing the sport she loves. The student worked hard for many years to become a member of a major college softball program. Both Karen Linder and the University bear responsibility for depriving her of her participation in her sport."
Chandra added, "While it is disappointing that the University was unwilling to even discuss resolving this matter without litigation, she is adamant that the University address the institutional failures that resulted in the current situation."
The student is claiming sex discrimination, denial of equal protection under the law, and intentional infliction of emotional distress against Karen Linder and is asking for a jury trial.
Linder resigned in August 2015. Linder didn't return messages Tuesday. A Kent State spokesman declined to comment about the lawsuit.
Chandra also released the 34-page complaint Tuesday afternoon.
In part, it reads:
Coach Linder's son, Tucker Linder, was also a freshman at Kent in the fall of 2012. According to Kent State's official athletics website, Mr. Linder was approximately 6'5" tall and weighed 210 pounds during his freshman season.
Mr. Linder and [the student] developed a friendship. They had engaged in minor intimacies on one occasion before the attack. On approximately December 7, 2012, Mr. Linder called [the student] and asked if she wanted to hang out. She went over to his dorm and they walked back to her dorm.
Mr. Linder appeared to be intoxicated. She had not been drinking. Mr. Linder and [the student] again engaged in minor intimacies, and [the student] consented to this behavior. But unlike during their previous encounter, Mr. Linder did not stop when she stopped consenting.
She told Mr. Linder at least ten times that she did not want to have sex. Mr. Linder ignored her protestations. Mr. Linder is much larger than [the student] and pressed himself on top of her. She tried to push him away to no avail.
Mr. Linder raped her. [The victim] was horrified and distraught at what Mr. Linder had done. She was scared that he had forcibly exposed her to unwanted pregnancy and sexually transmitted disease. She sent Mr. Linder a text message to ask if he had been tested for STDs.
Mr. Linder responded that he had not been tested but had never shown any symptoms of STDs. She was tested at the health center on campus for pregnancy and STDs.