An American college student who faced expulsion for speaking out against her alleged rapist has filed a lawsuit against her school – which in response will drop their own proceedings against the victim.
Landen Gambill, a University of North Carolina sophomore, says
the college sent her a threatening e-mail informing her that she
had been charged with an Honor Code violation for “intimidating”
her alleged rapist, who is also a student at the university. Facing
possible expulsion, Gambill filed a lawsuit against UNC on Monday –
the third complaint she has filed this year.
The complaint, which was filed with the Education Department’s
Office for Civil Rights, accuses the university or retaliating
against her. The following day, UNC Chancellor Holden Thorp asked
the Honor Court to drop its proceedings against Gambill.
“Recognizing the potential conflicts that may exist by allowing
both processes to continue, we have asked the Student Attorney
General to suspend the Honor Court proceeding pending an external
review of these allegations of retaliation,” Thorp wrote in a
message to students, which he posted on the university’s website.
“The University takes all allegations of retaliation seriously,
whether against an individual or an institution, and this
allegation is no exception.”
For weeks, the university has denied that it was retaliating
against the young woman, but it wasn’t until she filed the lawsuit
that the school official took steps to drop proceedings against
her. Thorp’s request was made one day after attorney Clay Turner
advised the school to do so.
The university administration’s treatment of Gambill’s case has
come under nationwide scrutiny, with some Americans calling it a
gross injustice. Naming the alleged perpetrator of a sex crime is
against the school’s code – but while Gambill has publicly spoken
out against her attacker, she has never publicly mentioned his
name.
“In speaking out for change at UNC, Ms. Gambill is not
‘harassing’ or ‘intimidating’ her abuser, whom she has never
named,” Turner wrote in the letter he sent to UNC. “Rather,
the university’s decision to press charges against Ms. Gambill has
tragically provided her abuser with the opportunity to harass and
intimidate her” despite a no-contact restriction issued against
him after the alleged rape occurred last May.
Gambill claims
she was raped and stalked by her ex-boyfriend – and that reporting
it to the university last year only made things worse. She was
required to attend an Honor Court trial in which she attempted to
press charges against he attacker. She claims that the school
questioned her choice in dating the young man and asked her why she
didn’t just simply break up with him.
“They were not only offensive and inappropriate, but they were
so victim-blaming,” she told the Daily Tar Feel in late 2012.
In the end, the Honor Court never charged or punished the rapist,
and instead charged Gambill for making him feel uncomfortable by
speaking about the assault.
Over the past few weeks as details regarding Gambill's case
continued to unfold, the school has come under scrutiny for
potentially underreporting cases of sexual assault and inadequately
addressing students' concerns. Federal investigators are due on
campus next month to examine the school’s response to campus
crimes.
And in a likely attempt to ease the controversy surrounding the
Honor Court’s charges against Gambill, the university has suspended
its proceedings in wake of the investigation and the student’s
third legal complaint.