by: Chris Horvatits
Posted:
Updated:LEWISTON, N.Y. (WIVB) – A sophomore student at Niagara University was sexually assaulted by a member of the men’s swim team in a Fall 2018 incident, a lawsuit alleges.
The lawsuit, which was initially filed in federal court earlier this year, was amended Thursday to include the new allegation. The female student is not identified. Neither is the swim team member. The lawsuit does note, however, that the man is still a member of the swim team.
The woman joins three others as plaintiffs in the lawsuit, which was filed in September. The other three women are all either current or former members of Niagara’s women’s swim or dive teams. They claim that they were “subjected to severe and pervasive sexual harassment and bullying by members of the men’s swim team”.
“Had the university taken appropriate action when complaints about sexual harassment and other abuse was first made in 2015, (20)16, (20)17, she may not have had the same issues that she did with this young man,” said Cheryl Meyers Buth, an attorney who represents the alleged sexual assault victim.
The lawsuit claims that following the assault, the victim received a threatening phone message from a man she believed to be the person who assaulted her. She then met with Niagara’s Title IX Coordinator Ryan Thompson, who “influenced her not to” file a formal complaint, she said.