St. Edward Football Lawsuit: Federal Settlement and Juvenile Case

The St. Edward High School hazing lawsuit was a federal case brought in 2021 by a former freshman cross-country runner who alleged an older teammate sexually assaulted him five times in 2019 and that the Lakewood, Ohio school covered it up rather than investigate. Filed under the pseudonym John Doe in the U.S. District Court for the Northern District of Ohio, the case named the school, its principal, its president, and several individuals as defendants. It settled on confidential terms in April 2023.

What the Student Alleged

All five alleged assaults happened within the plaintiff’s first month on the cross-country team in 2019. According to the complaint, an older and physically larger teammate, identified in filings as “Delinquent 1,” threw the freshman down, pinned his arms, and simulated a sex act on each occasion.1News 5 Cleveland. Former Student Files Lawsuit Against St. Edward High School Claiming Older Teammate Assaulted Him Multiple Times

Three of the incidents happened at an overnight running camp in July 2019. A fourth occurred at a team pre-meet dinner in September 2019, when the older teammate allegedly followed the freshman into a restroom. The fifth took place on an overnight team trip to Dayton, when older teammates entered his hotel room. During that final incident, another student recorded the assault on a smartphone and shared the video with teammates, who the lawsuit said referred to it as “The Rape Video.”2FOX 8 Cleveland. Lawsuit Filed Against St. Edward High School After Former Student Claims Teammate Assaulted Him

Other students were present during each assault and could be heard laughing on the recording rather than intervening, according to the complaint. The plaintiff’s mother later told reporters the video had been shared at least 30 times on social media.3FOX 8 Cleveland. I-Team: Parents Say Son Was Victim of Violent Assaults While Attending St. Ed’s High School The family discovered the video in August 2020, and the lawsuit alleged the student developed post-traumatic stress disorder, insomnia, headaches, and depression. The family eventually moved out of the Cleveland area, and the student transferred schools.4WKYC. Parents Sue Saint Edward High School Over Sexually Charged Attack Video on Son

What the Lawsuit Said the School Did

The parents reported the incidents to St. Edward officials in September 2020. The lawsuit alleged that instead of a genuine investigation, the school moved to minimize the assaults. A school official reportedly met with the cross-country team and told members to “delete everything inappropriate off their phones” before the school interviewed them, then waited more than a week to begin those interviews, giving students time to coordinate a story. The administration ultimately accepted the team’s characterization of the incidents as “boys being boys.”5BMD LLC. SEHS Public Statement

The complaint also alleged that St. Edward told the family it had turned the matter over to the Lakewood Police Department and was cooperating with a police investigation. According to the lawsuit, Lakewood police had actually determined the incidents occurred outside their jurisdiction, in Dayton, and were not investigating.1News 5 Cleveland. Former Student Files Lawsuit Against St. Edward High School Claiming Older Teammate Assaulted Him Multiple Times

The primary perpetrator received a two-week suspension from in-school activities and was barred from athletics for the rest of the season. He returned to in-person classes in October 2020 and remained enrolled. Students who witnessed, recorded, or shared the video faced no discipline, according to the lawsuit, and were instead directed to complete an unsupervised online training class that students referred to in text messages as “rape class.”3FOX 8 Cleveland. I-Team: Parents Say Son Was Victim of Violent Assaults While Attending St. Ed’s High School

How St. Edward Responded

Principal KC McKenna issued a public statement in August 2021 saying the school did not learn of the concerns until September 2020 and took “immediate action to report to the authorities what was believed to have occurred as we are required to do by law.” He said St. Edward conducted an internal investigation, imposed discipline, and mandated training for the cross-country team. McKenna declined to comment further on the pending litigation, citing student privacy.4WKYC. Parents Sue Saint Edward High School Over Sexually Charged Attack Video on Son

The Federal Case and Settlement

The suit was first filed on May 25, 2021, as Doe v. St. Edward High School, et al. (Case No. 1:21-cv-01077) before Judge Dan Aaron Polster. It was voluntarily dismissed without prejudice that September and refiled on March 18, 2022, as Case No. 1:22-cv-00440. Defendants included the school, Principal McKenna, school president James P. Kubacki, coaches, and students. The complaint brought claims under Title IX for failing to safeguard the student from sexual harassment and discrimination, along with retaliation, negligence, and negligent hiring and supervision. The complaint alleged Kubacki, who met with the parents in September 2020, had “actual knowledge of a substantial risk of sexual harassment and abuse” but was deliberately indifferent.6Fox News. Complaint, Doe v. St. Edward High School

On April 14, 2023, the parties filed a joint settlement notice and stipulation of dismissal. Judge Polster signed an order dismissing the case with prejudice, split costs evenly between the plaintiffs and the St. Edward defendants, and retained jurisdiction over the settlement agreement.7PACER Monitor. Doe v. St. Edward High School, et al., Case No. 1:22-cv-00440 The financial terms were not filed with the court. Plaintiff’s attorney Peter Pattakos confirmed the settlement but said its terms are confidential. Richard Blake, an attorney for St. Edward, declined to comment.8Cleveland.com. St. Edward High School Settles Lawsuit With Student Who Accused Cross-Country Teammates of Attacking Him in Sexual Manner

The Separate Juvenile Case

The civil suit was not the only proceeding. In Cuyahoga County Juvenile Court, the primary perpetrator was found delinquent, the juvenile equivalent of a conviction, on three charges: assault, unlawful restraint, and disorderly conduct. A protective order was issued on behalf of the victim.3FOX 8 Cleveland. I-Team: Parents Say Son Was Victim of Violent Assaults While Attending St. Ed’s High School