A former Kent State University softball player has sued the university and the former softball coach, claiming the coach and university failed to take the required steps after she reported being raped.
Lauren Kesterson, who is no longer playing softball but is a senior at Kent State, filed the civil lawsuit Tuesday in U.S. District Court in Cleveland against the university and former softball coach Karen Linder.
Kesterson is claiming sexual discrimination, an equal protection violation under the 14th Amendment, and the infliction of intentional emotional distress. She is asking the court to order no further retaliation against her. She is also seeking compensatory and punitive damages and attorney fees.
“It’s very important to Ms. Kesterson that Kent State be held accountable for its failure to handle this situation properly,” said Subodh Chandra, Kesterson’s attorney from Cleveland. “It’s important not only for herself but to protect other young women who may find themselves in this situation in the future.”
The Beacon Journal generally doesn’t name alleged sexual assault victims, but Chandra said Kesterson has consented that her name be used.
Eric Mansfield, a spokesman for the university, said Kent State will “answer accordingly” after it is served with the complaint.
“The university is strongly committed to Title IX and we take these matters very seriously,” Mansfield said, referring to the law that prohibits discrimination in any federally funded education program or activity. “We follow all policies and procedures related to Title IX, taking measures above and beyond what is required to ensure all students, staff and faculty are aware of their rights and responsibilities.”
Linder, who stepped down as coach in August, couldn’t be reached for comment Tuesday.
According to the lawsuit, Linder recruited Kesterson to play softball at Kent State and Kesterson received a scholarship. The suit says Kesterson was raped in the fall of 2012 in her dorm room by a former Kent State athlete.
The suit alleges Kesterson reported the rape in mid-May 2014 to Linder and told her coach she didn’t want to press criminal charges.
Linder asked her not to tell anyone else about the rape, according to the lawsuit.
The male athlete is the relative of an individual who was in a leadership position within Kent State athletics at the time.
Linder didn’t follow the university’s policy that requires the reporting of an alleged sexual assault, the suit alleges.
Kesterson filed a complaint in August 2015 with Erin Barton, the deputy coordinator for Title IX in the university’s Equal Opportunity and Affirmative Action Department. University officials told Kesterson they would do a “surprise interview” with Linder. Two days after this interview, Linder resigned, according to the suit.
The lawsuit accuses the university of failing to follow its own policy and federal law by not filing Kesterson’s official complaint.
Kesterson felt that she was blamed for Linder’s resignation and experienced animosity because of it, according to the suit. She quit the softball team.
Kesterson’s grades suffered, and she received counseling and experienced panic attacks, including once losing consciousness and being hospitalized, according to the lawsuit.
Kesterson never filed criminal charges. Subodh said Kesterson feared the potential loss of her softball scholarship if she went to the police.
“Her life was under the coach’s control,” Subodh said.
The lawsuit details the authority Kesterson alleges Linder had over her players, including not allowing them to spit or drink soda on the road and telling them what attire they could wear socially. Linder also had the power to renew or not renew a player’s scholarship, according to the suit.
“For a Division I student-athlete, the coach is the university,” the lawsuit says.
Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com. Follow on Twitter: @swarsmithabj and on Facebook: www.facebook.com/swarsmith.