https://www.espn.com/college-sports/story/_/id/29147898
The male track athlete, who was found responsible for the sexual misconduct by the UM Title IX office, is the older brother of MSU basketball player Brock Washington (who is also currently in trouble for sexual assault issues). The lawsuit is about UM's track coach not enforcing the no-contact directive from the Title IX finding, along with comments he made.
A few excerpts:
A former female track athlete at the University of Michigan filed a federal Title IX lawsuit Thursday alleging school officials, including her coach, did not protect her from a male teammate who had been found responsible for sexual misconduct by the Title IX office.
The woman, Kellen Smith, said that her male teammate Blake Washington was not prohibited from coming into contact with her on campus or during track practice, despite a no-contact directive, according to the lawsuit filed in the U.S. District Court for the Eastern District of Michigan.
In January 2018, the university found Washington responsible for violating the school's sexual violence policy after Smith reported in May 2017 that he had touched her without her consent. Washington told school investigators the contact was consensual.
The lawsuit includes several allegations against Michigan track and field coach James Henry, including that he failed to enforce a no-contact directive that the school imposed on Washington. The lawsuit also includes an allegation that Henry told Smith that she "could always quit the team if she wanted to avoid being around Mr. Washington."
The lawsuit also states Henry made offensive comments toward Smith regarding the sexual misconduct, including telling her "that several female track athletes had disclosed being sexually assaulted to him over the years and most were unable to 'handle' being on the track team afterwards."
Also, according to the lawsuit, Henry told Smith she should be "flattered" that Washington had expressed a sexual interest in her, the lawsuit states.
In August 2017, Smith reported the touching incidents to University of Michigan police, who submitted the case to the Washtenaw County prosecutor's office in October 2017, according to a police report obtained by ESPN. In April 2018, prosecutors decided not to charge Washington because the woman was asleep and has no recollection of when the touching occurred, the police report shows.
Smith told police and a university investigator she found out about the alleged incidents in April 2017, when Washington told her in person about what he had done and detailed his actions in a series of text messages.
Washington's last year on the track team is listed as 2018-19, and he is currently a graduate business student at Michigan, according to the university's online directory. He is the older brother of Michigan State University basketball player Brock Washington.
In March, a different woman asked the Michigan attorney general to take over her case after Ingham County prosecutors declined to file charges against Brock Washington, whom she said sexually assaulted her while she was too intoxicated to consent on Jan. 19.
If Henry really didn't enforce the title IX no-contact directive and/or he made those comments to the victim, particularly the one about she should be flattered Washington found her attractive, his job should be in jeopardy.
I'm also wondering how Washington can claim it was consensual when the victim was asleep when it happened. How can someone consent when they are asleep? They don't appear to have been in a relationship at the time (or any time). At least the article makes no mention of them ever having been in a relationship, which it should have if they had ever been.
The male track athlete, who was found responsible for the sexual misconduct by the UM Title IX office, is the older brother of MSU basketball player Brock Washington (who is also currently in trouble for sexual assault issues). The lawsuit is about UM's track coach not enforcing the no-contact directive from the Title IX finding, along with comments he made.
A few excerpts:
A former female track athlete at the University of Michigan filed a federal Title IX lawsuit Thursday alleging school officials, including her coach, did not protect her from a male teammate who had been found responsible for sexual misconduct by the Title IX office.
The woman, Kellen Smith, said that her male teammate Blake Washington was not prohibited from coming into contact with her on campus or during track practice, despite a no-contact directive, according to the lawsuit filed in the U.S. District Court for the Eastern District of Michigan.
In January 2018, the university found Washington responsible for violating the school's sexual violence policy after Smith reported in May 2017 that he had touched her without her consent. Washington told school investigators the contact was consensual.
The lawsuit includes several allegations against Michigan track and field coach James Henry, including that he failed to enforce a no-contact directive that the school imposed on Washington. The lawsuit also includes an allegation that Henry told Smith that she "could always quit the team if she wanted to avoid being around Mr. Washington."
The lawsuit also states Henry made offensive comments toward Smith regarding the sexual misconduct, including telling her "that several female track athletes had disclosed being sexually assaulted to him over the years and most were unable to 'handle' being on the track team afterwards."
Also, according to the lawsuit, Henry told Smith she should be "flattered" that Washington had expressed a sexual interest in her, the lawsuit states.
In August 2017, Smith reported the touching incidents to University of Michigan police, who submitted the case to the Washtenaw County prosecutor's office in October 2017, according to a police report obtained by ESPN. In April 2018, prosecutors decided not to charge Washington because the woman was asleep and has no recollection of when the touching occurred, the police report shows.
Smith told police and a university investigator she found out about the alleged incidents in April 2017, when Washington told her in person about what he had done and detailed his actions in a series of text messages.
Washington's last year on the track team is listed as 2018-19, and he is currently a graduate business student at Michigan, according to the university's online directory. He is the older brother of Michigan State University basketball player Brock Washington.
In March, a different woman asked the Michigan attorney general to take over her case after Ingham County prosecutors declined to file charges against Brock Washington, whom she said sexually assaulted her while she was too intoxicated to consent on Jan. 19.
If Henry really didn't enforce the title IX no-contact directive and/or he made those comments to the victim, particularly the one about she should be flattered Washington found her attractive, his job should be in jeopardy.
I'm also wondering how Washington can claim it was consensual when the victim was asleep when it happened. How can someone consent when they are asleep? They don't appear to have been in a relationship at the time (or any time). At least the article makes no mention of them ever having been in a relationship, which it should have if they had ever been.
