Woman Sues TCU for Alleged Gang Rape
Ethics
Three football players at Texas Christian University drugged andgang-raped a freshman and the college covered it up because they areathletes, the woman claims in Tarrant County Court. She says theplayers fed her drug-laced Gatorade, gang raped her, and when shereported it, TCU's sexual harassment officer told her "that it would be'a lot easier for (her)' if she just kept quiet."
The woman,who now lives in another state, says TCU "recruit(s) student athleteswith criminal anti-social backgrounds," fails to train its athleticstaff on how to deal with them, fails to protect women from thepredators, and has a policy of covering up for the miscreants: "to wit:having a counselor encourage a victim to refrain from reporting herattack".
She says the athletes lured her to an apartment underthe pretext of paying a debt, fed her Gatorade laced with Rohypnol,then "took turns" raping her, infecting her permanently with herpes.The alleged rapists/defendants are Virgil Taylor, Lorenzo Labell Jones,and Shannon Monroe Behling.
Plaintiff K.S. says TCU's "sexual harassment officer" Susan Adams played a key role in the cover-up.
"SusanAdams furthered the objectives of TCU, by covering up the evidence ofcriminal behavior of its miscreant athletes," the complaint states."Defendants 'knew these guys were bad apples' - including a warrant outfor Jones' arrest for another assault and battery - prior to her rape,and had had them under investigation for some time without takingsafeguards to protect K.S., and/or other similarly situated students."
She claims TCU has a policy of "'turning a blind eye' to prior similar misconduct by athletes."
K.S.also sued Texas Christian University, its Chancellor Victor BoschiniJr., Provost Nowell Donovan, Dean of Admissions Ray Brown, AthleticsDirector Daniel Morrison, head football coach Gary Patterson, headbasketball coach Neil Dougherty, director of athletics compliance KyleBrennan, Kelly Center Coordinator Gayle (Gay) Boydston, and sexualharassment officer Susan Adams.
K.S. is represented by L. Todd Kelly of Houston.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.