USD could face another sexual assault lawsuit - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

USD could face another sexual assault lawsuit

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SAN DIEGO (CBS 8) - The University of San Diego could soon face a new lawsuit. A student says she was raped and claims the school mishandled her case.

A civil attorney is getting ready to file a second sexual assault lawsuit against the USD, but he claims that so far six women have come to him alleging male students raped them while attending the school between 2006 and 2014. And the women say the school is doing more to protect to the suspects than the alleged victims.

While hanging out in a USD dorm room, a student alleges she was drinking with another student she knew when he violently raped her.

“She is strangled, raped in her room,” said civil attorney, Dan Gilleon.

Gilleon is representing the alleged victim who says she went to the hospital that night in February 2014. Her friends reported it to the school's Department of Public Safety, and said security found the accused rapist in her dorm room, naked, but didn't do much about it.

“The victim is accusing you of rape, and he said no I didn't rape her and he said OK, 'then get your clothes and leave,'” continued Gilleon.

Gilleon claims the school mishandled the investigation and he's also looking into six cases where, he says, the school discouraged the women from calling the San Diego Police Department - despite a memorandum of understanding that shows SDPD is the primary reporting agency. Gilleon also claims the school botches the investigation before the police become part of the process.

“It seems like they deliberately interfere with the primary investigation,” added Gilleon.

Under Title IX, a federal law banning sexual discrimination in schools, the school's reporting policy explains that students are encouraged to report to USD or law enforcement and who to report to on campus.

“USD is doing a really poor job of handling these rape cases,” said Gilleon.

In this most recent case, when the student came home from the hospital she found a no contact letter. In a copy obtained by CBS News 8, the letter explains that she cannot contact the suspect or she will be disciplined.

CBS News 8 reached out to USD for a comment, but as of this report we have not heard back.

Gilleon plans to file the second civil lawsuit against USD this week and says in cases like this it becomes a $2 to $4 million lawsuit. He is also seeking better training and reporting procedures.

Only one civil lawsuit has been filed, claiming two male students raped a woman at a USD party. The school closed the investigation due to lack of evidence.

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