SAN MARCOS, Texas (KXAN) — A woman, who says she was sexually assaulted as a freshman Texas State University student by another student, is suing the university, claiming the school did not follow its own sexual misconduct policy.
According to the lawsuit, the assault took place on Sept. 28, 2019 and involved two attackers, one of which was a Texas State student alongside the woman.
The accused student was arrested by Texas State University Police on Oct. 3, 2019 for a separate sexual assault of a different woman on Aug. 17, 2019. In addition to this arrest, the student was also arrested on Aug. 29, 2019 on a felony drug charge.
The lawsuit says Texas State knew about these offenses by the alleged attacker and did not take action to remove him from campus. If he had been removed from campus, the lawsuit says, the sexual assault on the woman in the lawsuit a little over a month after the first assault could have been prevented.
“The University violated their Removal Policy that would have prompted or required them to take affirmative action and remove a student like Assailant 1 who exhibited criminal behavior,” the lawsuit reads.
The woman claims the university not only put her at risk, but other students as well for not removing a reported sexual predator from campus.
The attacker was arrested and charged for his assault on the woman in the lawsuit on Oct. 21, 2019.
KXAN has reached out to Texas State University for comment on the lawsuit. We will update this story when we hear back.
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