NIAGARA UNIVERSITY, N.Y. (WKBW) — A former Niagara University student-athlete is suing the school for its response to her claim that she was raped by another athlete.
The federal Title IX lawsuit filed Thursday alleges a hostile environment where the female swimmer was subjected to rape, sexual assault, harassment and bullying by members of the men's swim team.
University officials are aware of the lawsuit, but have not yet been served, a spokesperson told 7 News.
Using a Jane Doe pseudonym, the woman claims she attended a party at the men's "swim house" in October 2022. She then went in an Uber to an on-campus dormitory with two teammates, including the alleged perpetrator.
After one teammate left, Jane Doe says she was overpowered and raped by the male swimmer.
After reporting the assault to campus officials, a no contact order was put in place, according to the suit. However, the woman claims she was subject to retaliation by head coach Eric Bugby.
Bugby serves as head coach for both men's and women's swimming. She further alleged Bugby failed to take action to prevent an atmosphere of sex-based harassment.
A month after the alleged assault, the woman forfeited her scholarship and left the team.
She is seeking a judgment of $5 million.
In 2019, three members of the women's team alleged they were sexually harassed and bullied by members of the men's swim team in another lawsuit. A month later, then-head coach Ben Nigro was replaced. Bugby took the helm of both programs a month later.
Statement from Niagara University
"Niagara University is aware of a potential legal filing regarding an alleged incident at the university, however the university has not been served with the lawsuit at this time.
The university’s primary concern is always the safety and well-being of our students and the entire campus community. Niagara abides by, and exceeds, state and federal legislation to provide a safe living, learning and working environment.
When a complaint is made by any employee, student, or visitor of Niagara University, the university follows the processes set forth in our Title IX Grievance Policy (Title IX Policy), Sexual Misconduct Awareness and Response Policy (SMP), and the Non-Discrimination Policy and Grievance Procedures (Non-Discrimination Policy). These policies and procedures are designed and implemented to ensure equity for everyone involved in a manner consistent with the law and the university’s longstanding tradition of honoring the integrity of every member of the campus community. In addition, the university provides a number of internal and external resources for any complainant who brings an issue forward.
We are confident that the university handles each matter brought forward in accordance with its policy and the law.
Out of respect for everyone in the process—most especially any of the university’s current and former students involved in the matter—and to protect the integrity of the internal process, we will not comment on the substance of the pending litigation or the ongoing internal process."
