Two women sue MU, claim school mishandled Title IX case against basketball player
Two women allege the University of Missouri’s Title IX office mishandled its case involving former Tigers basketball player Terrence Phillips, according to a lawsuit filed Monday in U.S. District Court.
The two plaintiffs, named as Jane Doe 1 and Jane Doe 2 in the suit, which was filed against the curators of the University of Missouri, claim MU did not fully follow its rules in the investigation of Phillips, which concluded in 2018.
The lawsuit, filed by St. Louis-area attorneys Gerard T. Carmody, Ryann C. Carmody and Candace E. Johnson, calls for compensatory and punitive damages, along with requiring the university to change its Title IX policies. A representative for Carmody MacDonald, the attorneys’ firm, said it would not comment about the suit at this time.
University of Missouri spokesperson Christian Basi told The Star that the school was still reviewing the lawsuit.
The Title IX case started when multiple female students alleged physical and sexual misconduct by Phillips. Federal law requires Title IX offices investigate reports of sexual discrimination or violence on school campuses. The investigations are separate from any law enforcement entity.
The Title IX office cleared Phillips of rape and stalking allegations, according to the suit, but found him responsible for violating two Title IX policies. The first was for intimate partner violence, when he pushed an ex-girlfriend in 2016. The other was for violating Section 3 of MU Title IX office’s policy on Sex Discrimination, Sexual Harassment and Sexual Misconduct in Education/Employment Policy. That includes “exposing one’s genitals to another under circumstances in which one should reasonably know that the conduct is likely to cause affront or alarm.”
Phillips was indefinitely suspended from the basketball team in late January 2018 and dismissed from the team the following month.
Doe 1
The lawsuit states Doe 1 met Phillips in April 2017 where she worked, a popular downtown bar in Columbia where they exchanged numbers. Within a few days, Doe 1 alleged Phillips sent her text messages, including a picture of his genitalia.
Despite Doe 1 telling Phillips she was offended and trying to cut off communication, Phillips “continued to pursue her.” The lawsuit says Phillips appeared outside Doe 1’s classes, her workplace and her home. Phillips also got a job at the bar where Doe 1 worked. According to the lawsuit, Doe 1 approached Phillips’ teammates and asked them to tell Phillips to leave her alone.
“Surprisingly, his teammates told her that they were aware of his behavior but that ‘(Phillips) is just like that with girls,’” the lawsuit said.
Doe 1 reported Phillips to the Title IX office in September 2017. She said a student who was a basketball player was stalking and harassing her but declined to name Phillips out of fear of retaliation.
In October 2017, the Title IX office confirmed to Doe 1 by email they had received multiple reports against Phillips and said the office “may have to proceed with an investigation into him” because of the reports.
“Instead, the Title IX Office chose to do nothing, letting Phillips continue to prey on other women,” the lawsuit said. “In addition, the Title IX Office gave Doe 1 no support and little was communicated about the process and what to expect.”
The lawsuit also alleges the university did not issue a no-contact directive against Phillips and “did not put in place any remedial or protective measures.” The lawsuit claims this was contrary to the university’s Title IX policy.
Doe 2
According to the lawsuit, Doe 2 and a friend met Phillips at a bar where he worked in December 2017. At the bar where Doe 2 met Phillips, he made drinks for both women. The lawsuit says the plaintiff believes the drinks were laced with a drug.
After consuming the drink, Doe 2’s next memory was of “Phillips videotaping her with his phone as he raped her.” The suit also says Phillips, while he was raping Doe 2, sent Snapchat messages to Doe 2’s friend, asking her to join them.
Doe 2 said she made a complaint with the Columbia Police Department and the Title IX office the next week. At the time, Doe 2 said she was not mentally ready to proceed with the investigation.
In January 2018, the Title IX office told Doe 2 they were going to move forward with the investigation. At the time, both plaintiffs were told there were at least six complaints against Phillips. The lawsuit also states the university sent Phillips a no contact directive a month later than it should have in regards to Doe 2.
The investigation and decision
The lawsuit states the university promised the women a thorough investigation into Phillips but did not deliver. It notes the university’s lack of communication to the women and the long timeframe it took to conduct the investigation.
In June 2018, Doe 2 was informed Phillips was not responsible for sexually assaulting her. Doe 1 was told Phillips was responsible for the photo sent of his genitalia, but not for stalking her.
“In the face of numerous egregious allegations against one of its star athletes, the university decided to do nothing,” the lawsuit said. “Once the university finally acted, it conducted an ‘investigation’ that was counter to its policies and federal law. As a result, rather than feeling safe, the University’s decisions further victimized and traumatized Doe 1 and Doe 2.”
This story was originally published January 2, 2020 at 2:57 PM.