IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

NORTHEASTERN DIVISION
JANE DOE, )
)
Plaintiff, )
)
vs. ) CV:
)
THE UNIVERSITY OF ALABAMA )
in HUNTSVILLE, BRENT WREN, )
PhD., Sgt. JOHN BESWICK, and )
REGINA YOUNG HYATT, PhD., )
)
Defendants. )
COMPLAINT
COMES NOW the plaintiff, by and through her undersigned counsel and files her
complaint against the above-named defendants and states unto the Court as follows:
I. NATURE OF THE ACTION
1. This is an action for injunctive relief and damages against the defendants for
discrimination on the basis of sex in violation of Title IX of the Education Amendments of 1972,
20 U.S.C. 1681, et seq, the Due Process Clause of the Fourteenth Amendment to the United
States Constitution, via 42 USC 1983, and pendant state law claims.
II. PARTIES
2. Plaintiff, Jane Doe, (hereinafter sometimes Doe) is an adult resident of Madison
County, Alabama, and a student at the University of Alabama, Huntsville.
3. The University of Alabama in Huntsville (hereinafter UAH) is a public
university located in Huntsville, Alabama, and is a recipient of federal educational funds.
4. Brent Wren, PhD (hereinafter Wren), is an adult resident of the State of
FILED
2014 Oct-23 PM 12:23
U.S. DISTRICT COURT
N.D. OF ALABAMA
Case 5:14-cv-02029-HGD Document 1 Filed 10/23/14 Page 1 of 15
Alabama, and is the Associate Provost and NCAA Representative for UAH.
5. John Beswick (hereinafter Beswick), is an adult resident of the State of
Alabama, and at the time of the events giving rise to this litigation, was a Sargent with the UAH
Police Department.
6. Regina Young Hyatt, PhD. (hereinafter Hyatt), is an adult resident of the State
of Alabama, and at the time of the events giving rise to this litigation, was the Dean of Students
at UAH, with responsibility for compliance with Title IX.
III. JURISDICTION AND VENUE
7. This Court has jurisdiction over the plaintiffs claims pursuant to 28 U.S.C.
1331, as the claims present a question of federal law, and this Court possesses supplemental
jurisdiction over the state law claims of the plaintiff via 28 U.S.C. 1367. Venue is proper in the
Northern District of Alabama, Northeastern Division, as all acts complained of occurred within
the geographical boundaries of Madison County, Alabama.
IV. FACTUAL AVERMENTS
8. Plaintiff adopts and realleges each preceding paragraph as if fully set forth herein.
9. In January 2013, Doe was a minor and a full time student at UAH.
10. In the late evening of January 12, 2013, Doe was at student housing on the UAH
campus, in the dorm room of an acquaintance, at which point she consumed wine. Not wishing to
leave campus after consuming alcohol, she phoned a friend and asked if she could spend the
night at her dorm room.
11. After receiving permission to do so, Doe gathered her belongings and walked to
building 706 in South East Campus Housing, where she fell asleep in a dorm room.
12. Some time thereafter she was awakened by her friends flat mate, who inquired if
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she was alright and provided her with a blanket before leaving, at which point Doe fell asleep
again.
13. Thereafter Doe was awakened by a man she did not know, who informed her that
she could not stay in that room, and had to leave. The man, later identified as Lasse Uusivirta,
repeatedly told Doe that she couldnt stay there and that it was unsafe. Disoriented, Doe left with
him.
14. Uusivirta led plaintiff to another location and to a back bedroom, where he
indicated she should lie down. Uusivirta subsequently got into the bed with the plaintiff and
proceeded to kiss and grope her, prior to raping her. Plaintiff did not consent to any sexual
contact, nor was she capable of giving such consent.
15. Plaintiff, confused, in shock, and under the influence of alcohol, asked Uusivirta
several times who he was, at which point her assailant stopped, assisted her to dress and returned
her to the room in which he found her.
16. After he left Doe called several people to collect her finally left and drove to her
apartment off campus.
17. After a while Doe was taken to the UAH police department, where she was
interviewed by Beswick. During this interview she was shown a composite photograph of the
UAH hockey team and identified her assailant.
18. During Beswicks interview of the plaintiff, he informed her that people who
hang out at the hockey dorms share girls all the time, and that it was completely normal and
okay to have sex with someone that [the plaintiff didnt] know.
19. Beswick informed Doe that he knew that [she] believed she had been wronged,
and therefore would not call her allegations unfounded, but made it clear to Doe that he did not
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believe her.
20. Doe told him that if he did not intend to do anything about the rape, that she
would prefer Uusivirta not know she had spoken to him, as she feared retribution. She was then
taken to Crisis Services of North Alabama, where a rape examination was performed and a kit
collected.
21. Meanwhile, officers of the UAH campus police contacted Uusivirta, who
confessed that he had engaged in sexual intercourse with the plaintiff but that she seemed to be
drunk and didnt know what was going on. He further admitted that he realized she was
incapable of giving consent to sexual intercourse.
22. Beswick contacted Doe after Uusivirtas confession and informed her of same, but
informed her that she had no case at all in a court of law. Informing the plaintiff that You will
never win in court, he advised her to pursue the matter through the UAH conduct board, as
opposed to through the criminal courts. Doe agreed to pursue the matter through the UAH
disciplinary system.
23. The UAH investigation was closed on January 14, 2013, with Uusivirta being
identified as the perpetrator, and the matter was forwarded to the UAH Student Conduct Board
for prosecution.
24. After conducting its investigation, the Board determined that Uusivirtas athletic
scholarship should be revoked and that he should be immediately expelled from UAH. Doe was
pleased with this decision, as it meant that she would not have to face her attacker again. She
was under the impression that Uusivirta would vacate campus within a day or two of the hearing,
and no one advised her that he remained on the UAH campus.
25. Uusivirta, however, appealed this decision, which called upon Wren, the
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Associate Provost, to make a determination.
26. Uusivirta, a citizen of Finland, was at the time of these events a scholarship
hockey player for UAH and was residing in the United States, upon information and belief,
courtesy of a student visa.
27. After being informed that Uusivirta had been expelled, Doe was understandably
shocked to see him on campus approximately two weeks later. Terrified, Doe left campus and
subsequently missed several classes.
28. After inquiring, plaintiff learned that Uusivirta was appealing the Boards
sentence, and that she would have to wait for Wren to make a decision before she would even
know if the expulsion would be carried out.
29. During the intervening weeks Doe suffered severe anxiety and distress, and was
fearful to be on campus. Her education suffered.
30. On Saturday March 2, 2013 the UAH hockey team played its last game of the
season.
31. On March 7, 2013, Wren tweeted about the upcoming UAH hockey schedule as
follows:
Brent Wren
@WrenB4Chargers
@uahhockey In the words of Opie Taylor, aint it a beauty pa?
32. On March 21, 2013, Doe received an email informing her that Wren had vacated
Uusivirtas expulsion and substituted new penalties. The email (with plaintiffs name and all
email addresses redacted) states as follows:
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From: Antonia Morgan
Date: March 21, 2013, 11:14:26 AM CDT
To:
Subject: Student Conduct update
Dear ,
I have received a letter today from the Associate Provost for
Undergraduate Studies regarding the Student Conduct Board appeal of
incident 2012/13-0061. After reviewing the case file and review of
sanctions for similiar [sic] cases, he has altered the sanctions to:
1. The student is immediately suspended for two academic semesters, and
eligible to apply for readmission to the university beginning Fall of
2013. Because this suspension action is being decided after the eighth
week of classes, the current term suspension is deferred until the end of
the Spring 2013 semester.
2. Should the student be readmitted, future code of conduct violations of
any type will result in immediate expulsion from the university.
3. Loss of privilege. The student is banned from all university
extracurricular activities and use of university training facilities until
August 15, 2013.
4. A No Contact order will remain in place for the duration of the
student's time at UAH. He is prohibited from ever having any form of
contact with you, unless you explicitly approves [sic] such contact. The no
contact order includes, but is not limited to comments, words or gestures
in person, through postal mail, email, social networking sites, or by
having others (friends, acquaintances, family members, etc.) act on one's
behalf.
5. Additional athletics-related penalties are to be considered by the
coaching staff and/or Director of Athletics, at their discretion.
The student also has the right to have a final appeal heard by the
President of the university should he disagree with the imposed sanctions.
--
Toni Morgan
The University of Alabama in Huntsville
University Center Room 114
Huntsville, AL 35899
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Attempts to determine which coach posted bail have as yet been unsuccessful. If the
1
information is correct, plaintiff intends to amend her complaint to add this individual as a
defendant.
33. The result of Wrens decision meant that Uusivirta could remain on campus for
the remainder of the then-current semester, and would be able to return to the universitys athletic
training facilities by August of 2013. This afforded Uusivirta ample practice time to be ready
for the UAH season opener on October 11, 2013. Upon information and belief, Wren delayed
making his decision for approximately a month, to ensure that the ruling came after the mid-point
in the semester, so that the punishment could be deferred. Further, it cannot be a coincidence
that Wren took no action on the matter until after the final hockey game of the season.
34. The day that Doe was informed of Wrens decision she met with him in his office
to inquire about it. Wren refused to meet with Doe unless a woman was also present in his
office.
35. Wren refused to answer any of Does questions, other than to inform her that
UAH only expelled students for academic misconduct.
36. Having been failed utterly by the university, Doe contacted off campus law
enforcement, who treated the matter with the appropriate gravity.
37. On April 1, 2013, a warrant was issued for Uusivirtas arrest for rape in the first
degree, Code of Alabama, 13A-006-061 (1975). He was arrested the same day and placed in
the Madison County jail.
38. Uusivirta was released on Ten Thousand and no/100 Dollars ($10,000.00) bond
which, upon information and belief, was posted by one of the UAH hockey coaching staff.
1
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39. On April 2, 2013, UAH hockey coach Kurt Kleinendorst took to Twitter to defend
Uusivirta as follows: Things are not always as they seem. Be careful to judge.
40. While Coach Kleinendorst may have advocated caution in judgment, Uusivirta
avoided judgment altogether by defaulting on his bond and fleeing the United States to his native
Finland prior to his required presence at a preliminary hearing.
41. The Madison County District Attorney was informed on May 1, 2013 that
Uusivirta had fled the jurisdiction in an effort to avoid prosecution, and announced that the
County would not pursue Uusivirta in Finland, but would continue to prosecute the case should
he ever return to the United States.
42. According to press reports, Uusivirtas name remained on the UAH hockey roster
until as late as April 30, 2013.
43. As a result of the sexual assault perpetrated upon the plaintiff, and the resulting
complete lack of remedial measures taken by the university, plaintiff has suffered extreme
emotional distress and mental anguish. She skipped several classes, for fear of running into
Uusivirta on campus, and her grades suffered. Plaintiff has been undergoing counseling which
she will require, upon information and belief, for the foreseeable future.
44. Uusivirtas arrest was publicized, and although the plaintiff was not named,
various online comments made about her caused her to be further afraid for her safety.
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COUNT I
VIOLATION OF TITLE IX
AS TO THE UNIVERSITY OF ALABAMA, HUNTSVILLE
20 USC 1681, et seq.
45. Plaintiff adopts and realleges each preceding paragraph as if fully set forth herein.
46. UAH is an education institution which received federal funds, and is thus subject
to the strictures of Title IX.
47. The sex-based harassment suffered by the plaintiff was so severe, pervasive, and
objectively offensive that it deprived her of equal access to educational opportunities provided by
UAH.
48. UAH subjected the plaintiff to a hostile environment in violation of Title IX
because:
a. Plaintiff was a member of a protected class;
b. She was subjected to sexual harassment in the form of a sexual assault
perpetrated upon her by Uusivirita, and subsequent online comments;
c. She was subjected to harassment based upon her sex, which caused;
d. Her to be subjected to a hostile educational environment created by UAHs
lack of policies and procedures to properly investigate and/or address the sexual assault and
subsequent harassment, and UAHs actual failure to properly investigate and/or address the
sexual assault and subsequent harassment.
49. UAH, Wren, Beswick and Hyatt had actual knowledge of the sexual assault of the
plaintiff, and of the subsequent environment of fear in which she was placed by virtue of the
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defendants inaction.
50. UAHs failure to promptly and correctly respond to plaintiffs allegations,
specifically the inexplicable delay in Wrens decision, proximately caused the plaintiff to be
excluded from and denied participation in the educational opportunities provided by UAH to her
male counterparts, in order that Uusivirta could continue to play hockey, making possible Wrens
and UAHs desire to elevate UAH into another division of collegiate play.
51. Defendant UAH failed to take immediate OR effective remedial actions to
investigate or resolve plaintiffs complaint of sexual assault and harassment, but instead acted
with deliberate indifference towards the plaintiff, and persisted in this course of action after
UAH, Wren, Beswick and Hyatt had actual knowledge of the damages suffered by plaintiff.
52. UAH engaged in a pattern and practice of behavior designed to actively
discourage students who had been sexually assaulted and/or harassed from seeking prosecution
and/or from having such assaults properly investigated by outside law enforcement agencies.
53. This policy and/or practice culminated in disparate treatment of women, and had a
disparate impact on female students, including the plaintiff.
54. As a proximate result of the actions of UAH, plaintiff has been caused to suffer
extreme emotional distress, mental anguish, to fear for her personal safety, and other damages.
These damages proximately result from UAHs deliberate indifference to plaintiffs rights under
Title IX.
WHEREFORE, PREMISES CONSIDERED, Plaintiff demands judgment against
defendant UAH, in such an amount as a jury may assess as just, including the costs of this action
and a reasonable attorneys fee. Plaintiff requests such other, further and different relief to which
Case 5:14-cv-02029-HGD Document 1 Filed 10/23/14 Page 10 of 15
she may be entitled.
COUNT II
DEPRIVATION OF PLAINTIFFS RIGHT TO EQUAL PROTECTION OF THE LAWS
AS TO DEFENDANTS UAH, WREN, BESWICK and HYATT
42 U.S.C. 1983
55. Plaintiff adopts and realleges each preceding paragraph as if fully set forth herein.
56. As a student of a public university, plaintiff was entitled to personal security,
bodily integrity and the Equal Protection of the Laws, pursuant to the Fourteenth Amendment to
the United States Constitution.
57. Defendants UAH, Wren, Beswick and Hyatt were state actors, acting under color
of state law at all times material hereto.
58. Defendants, and each of them, subjected plaintiff to violations of her right to
personal security, bodily integrity and the Equal Protection of the Laws by;
a. Failing to properly investigate Uusirvirtas sexual assault of the plaintiff;
b. Failing to discipline Uusivirta in any way, so that he could continue to play
hockey;
c. UAH failed to adequately train and/or supervise Wren, Beswick and Hyatt;
d. And demonstrating complete and deliberate indifference to the sexual
assault of the plaintiff, and to the ongoing trauma suffered by the plaintiff caused by her rapist
being on campus and by anonymous internet threats.
59. UAH had, at all times material hereto, unconstitutional customs, policies or
procedures of:
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a. Failing to investigate evidence of criminal and tortious misconduct against
students in the nature of violations of their right to personal security and bodily integrity.;
b. Failing to adequately train and supervise UAH employees with regard to
maintaining, preserving and protecting students including the plaintiff from violations of their
right to personal security, bodily integrity, and the Equal Protection of the Laws.
60. UAHs policies and/or practices resulted in disparate treatment of female students,
and had a disparate impact on female students.
61. At all times material to the events making up the basis of this lawsuit, Wren,
Beswick and Hyatt were policymakers of UAH for the purpose of implementing UAHs
unconstitutional policies, practices or customs.
62. As a proximate result of the defendants actions and deliberate inactions, plaintiff
has been caused to suffer extreme emotional distress and mental anguish, and other damages as
hereinabove detailed.
COUNT III
MONELL LIABILITY FOR FAILURE TO TRAIN AND SUPERVISE
REGARDING REPORTS OF SEXUAL ASSAULT
DEFENDANT UAH
42 U.S.C. 1983
63. Plaintiff adopts and realleges each preceding paragraph as if fully set forth herein.
64. Defendants Wren, Beswick and Hyatt were state actors, working for UAH, a
federally funded educational institution, at all times material hereto. Wren, Beswick and Hyatt
had actual knowledge of plaintiffs assault by Uusivirta at all times material hereto.
65. Defendants Wren, Beswick and Hyatt acted under color of state law when they
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each failed or refused to respond to reports of plaintiffs sexual assault by a UAH hockey player.
Beswick actively attempted to dissuade plaintiff from seeking justice by telling plaintiff that she
had no hope of winning her case. Wren, with Hyatts complicity, delayed action on the discipline
meted out to Uusivirta until his participation in UAHs hockey season had concluded.
66. Hyatt, UAHs Title IX Compliance Officer, deliberately disregarded plaintiffs
complaint of sexual assault, and failed and/or refused to conduct any meaningful investigation
into the matter.
67. Under the Equal Protection Clause of the Fourteenth Amendment to the United
States Constitution, and Title IX, plaintiff had the right to an equal access to public education,
free from harassment and discrimination.
68. Defendants Wren, Beswick and Hyatt knew (or should have known) that their
response to sexual assault allegations must comply with federal law, specifically as outlined in
Title IXs published regulations.
69. Defendants Wren, Beswick and Hyatt each violated plaintiffs constitutional
rights by:
a. Failing to take immediate and appropriate action to investigate once
informed of plaintiffs sexual assault;
b. Failing to take prompt and effective steps to end the sexual violence,
prevent its recurrence, and address its effects, whether or not the sexual violence is the subject of
a criminal investigation;
c. Failing to provide an effective grievance procedure for students to file
complaints of sexual discrimination, including complaints of sexual violence.
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d. Failing to properly notify the plaintiff of the outcome of University
disciplinary processes, to wit: fraudulently informing the plaintiff that her rapist had been
expelled from campus when he was, in fact, still a student, and enrolled in at least one of her
classes.
70. Title IX, and its requirements of equal protection were well established at the time
of the incidents made the basis of this litigation. Wren, Beswick and Hyatt, either had actual
knowledge of the requirements of Title IX or, as employees of a federally funded University,
should have been so aware.
71. Defendant UAH violated plaintiffs Fourteenth Amendment right to Equal
Protection of the Laws by failing to properly train and/or supervise its employees about the
strictures of Title IX, and by promulgating and/or ratifying a custom, policy or procedure which
encouraged the violation of plaintiffs rights in order to preserve the UAH hockey team.
72. As a proximate result of the defendants actions, and each of them, plaintiff has
been caused to suffer extreme emotional distress and mental anguish, as well as other damages
detailed, infra.
WHEREFORE, PREMISES CONSIDERED, Plaintiff demands judgment against all
defendants, in such an amount as a jury may assess as just, including the costs of this action and a
reasonable attorneys fee. Plaintiff prays for such other, further and different relief to which she
may be entitled.
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<s> Mary-Ellen Bates
Mary-Ellen Bates
ASB-0270-B65M
OF COUNSEL:
BATES, HETZEL, PC
The McAdory Building
2013 1 Avenue North, Suite 450
st
Birmingham, Alabama 35203
Telephone: (205) 453-0060
Facsimile: (205) 453-0042
PLAINTIFF DEMANDS A TRIAL BY STRUCK JURY.
PLEASE SERVE DEFENDANTS VIA PERSONAL SERVICE AT THE FOLLOWING
ADDRESSES:
University of Alabama, Huntsville John Beswick
c/o Brent Wren, Ph.D, Associate Provost University of Alabama, Huntsville
301 Sparkman Drive Police Department
Huntsville, Alabama 35899 301 Sparkman Drive, IMF 123
Huntsville, Alabama 35899
Brent Wren, Ph.D
University of Alabama, Huntsville
Shelbie King Hall, Room 364
188 Sparkman Drive
Huntsville, Alabama 35899
Regina Young Hyatt, Ph.D
University of Alabama, Huntsville
Charger Union, Room 223
4705 Holmes Avenue
Huntsville, Alabama 35899
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