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CALL 6: IU settles lawsuit over Title IX violations

Posted: 5:25 PM, May 09, 2017
Updated: 2017-05-09 22:04:10Z
CALL 6: IU settles lawsuit over Title IX violations

BLOOMINGTON, Ind. -- Indiana University Bloomington has settled a lawsuit with a battery victim who alleged the university fostered an environment of dangerous activity.

Jane Doe filed the federal lawsuit in June 2016, accusing IU and the Delta Tau Delta fraternity of ignoring then-student John Enochs’ history of sexual assault.

As part of a plea agreement in the criminal case, Enochs pleaded guilty to battery in exchange for prosecutors dropping two counts of rape against him.

IU Bloomington released a statement Tuesday on the settlement with Jane Doe.

“While Indiana University is bound by the confidential provisions of the settlement, the university remains strongly committed to providing a safe and secure environment for all members of its community and continues to believe its Sexual Misconduct Policy provides a fair, impartial and robust investigation and adjudication process,” according to a statement from IU Bloomington obtained by Call 6 Investigates Tuesday.

Jane Doe’s attorney Jeff Herman also released a statement on the former student’s behalf.

"My client is pleased to resolve the matter with IU,” said Herman. “She looks forward to her day in court and holding the Delta Tau Delta fraternity accountable."

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Doe filed a civil suit against Indiana University Bloomington officials and administrators saying they condoned Delta Tau Delta fostering an environment of dangerous activity, ignored Enochs' history of sexual assault and failed to put in place measures to protect a 'foreseeable' sexual assault at Delta Tau Delta social event at the fraternity house.

Jane Doe’s lawsuit against Delta Tau Delta is still pending.

“The National Fraternity will soon be filing a Motion To Dismiss, as it had no knowledge of and nothing to do with the event and certainly had no expectation that a former member might be accused of sexual assault,” said Jim Ewbank, attorney for Delta Tau Delta. “Indiana state courts have routinely thrown out similar cases against the National organization and we will ask this judge to do the same.”

Enochs was initially charged with raping two separate women while at IU, one in October 2013 and another in April 2015.

The federal complaint filed by Jane Doe alleges a Title IX violation based on an April 2015 incident with Enochs.

Enochs had also been accused of sexual assault by another female student in October 2013.

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He was charged with two counts of rape in September 2015 based upon the two incidents.

Indiana University Bloomington expelled Enochs on July 10, 2015, according to the court filing in the Jane Doe lawsuit.