BLOOMINGTON, Ind. -- Indiana University Bloomington denies it violated Title IX or was negligent in the case of John Enochs, a former student and Delta Tau Delta fraternity member who pleaded guilty to battery in exchange for prosecutors dropping two counts of rape against him.
As part of a plea agreement in the criminal case, Enochs admitted to touching Jane Doe in a “rude, insolent, or angry manner, resulting in moderate bodily injury.”
Doe filed a federal lawsuit in June, alleging Indiana University Bloomington officials and administrators condoned Delta Tau Delta fostering an environment of dangerous activity, ignored Enochs's 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.
In a new motion filed in federal court August 15, Indiana University Bloomington said it did not condone Delta Tau Delta fostering “an environment of illegal and dangerous activity or sexual assault,” as was alleged in Doe’s federal lawsuit.
The university denied it was negligent and disputed that it violated Title IX, a federal law that requires universities to prevent, address and investigate sexual misconduct on their campus, including sexual harassment, discrimination and rape.
The Supreme Court has ruled that a university receiving federal funding may have to pay damages to the victim of sexual assault if the victim can show that the college acted with “deliberate indifference to known acts of harassment in its programs or activities,” according to the American Civil Liberties Union.
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.
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.
Attorneys for Delta Tau Delta filed a motion earlier this month, asking the judge to dismiss the claims against them saying Doe has failed to show the fraternity had a duty to protect her from “criminal acts of third parties.”
A hearing is scheduled for September 27 in federal court.
Jeff Herman , a Boca Raton attorney for Jane Doe in a civil suit against IU and Delta Tau Delta – Enochs' fraternity – said the victim Jane Doe is hoping for justice through her civil lawsuit.
“She’s got a long road ahead of her,” said Herman. “Enough is enough, it’s out of control. The only way we’re going to get change and protect other girls is to file a civil lawsuit.”