A former Army ROTC cadet is suing OU, alleging she was kicked out of the university’s ROTC program after enduring a multi-day rape and was subsequently retaliated against in a different university position due to disabilities from the rape.
The former ROTC cadet, referred to as L.B.K., filed a lawsuit in U.S. District Court on July 7, 2014, against OU president David Boren, the OU Board of Regents, a manager in the Oklahoma Department of Central Services and civilian secretaries of the Army and Air Force.
The complaint claims the defendants created, permitted and condoned a severe and pervasive sexually hostile work environment, despite notice of the alleged events. It goes on to say that defendants retaliated against L.B.K., refused reasonable accommodations due to her under the Americans with Disabilities Act and inflicted intentional emotional distress.
“Defendants’ actions and inactions contributed to Plaintiff’s brutal multi-day rape, and their conduct before-the-fact is thus inexcusable,” states the filed complaint. “However, their callous disregard of Plaintiff’s rights following her rape amounted to an administrative rape that should shock the collective conscience of citizens of a civilized society.”
The complaint alleges that L.B.K. was raped in November of 2010 by a member of the Air Force, who had been treated for a serious mental health condition and prematurely released. The complaint goes on to state that no immediate action was taken to protect L.B.K. after the rape, but the Army attempted to suspend her security clearance and disenrolled her from the ROTC program.
After her removal from the ROTC program, she was hired by the ROTC for a civilian secretarial position under the administrative control of the dean of University College, Dr. Doug Gaffin, according to the complaint. However, L.B.K. worked directly for Lieutenant Colonel Mark DePew, the Army ROTC program commander. The complaint states that even though Lt. Col. DePew will state that L.B.K. was capable of performing her duties, Gaffin disagreed.
“As a result of the situation, Plaintiff stopped taking certain medications in fear of retaliation from Dr. Gaffin,” states the complaint.
After ceasing to take prescribed medications, the complaint claims L.B.K. suffered a life-threatening event in her doctor’s office.
Dr. Gaffin ultimately fired L.B.K., but offered her job back after two weeks says the complaint. However, the complaint states that, "given the history of harassment by Gaffin, accepting the offer was impossible."
As a result of the rape, L.B.K. has suffered, and continues to suffer, from both mental and physical injuries. The complaint states these injuries required the implementation of separate devices to control her bladder incontinence. A seizure disorder is also alleged to have developed after the rape, which added to the woman's list of required medications.
“Obviously, we want some sort of justice for our client. There is nothing that is going to put her back in the state she was prior to this horrendous event,” said L.B.K.’s attorney, Edward White. “It would be nice to have some sort of institutional reform or procedural change that could help prevent this kind of thing from happening in the future, or if it did happen, mitigate the harm that were to occur.”
University Press Secretary Michael Nash declined comment, citing OU’s policy of not commenting on active litigation.
“While the university takes allegations of sexual abuse very seriously and thoroughly investigates each and every case brought to our attention, it is our practice not to comment on any matter where litigation is pending,” Nash said.
