OXFORD, OH (FOX19) - A Miami student claims she is the victim of rape on campus. Now, her family is suing the school for negligence and violation of the school's code of conduct.
The lawsuit states that the university is partially responsible for her rape, which happened back in 2011.
The victim's parents say that former student Antonio Charles should have been kicked out of the school for other offenses long before the alleged rape happened. The victim's father says he wants Miami University Administrators held responsible for a crime that the family claims would not have happened if the university took action.
The family says they decided to take action after criminal charges were dropped against Charles.
"Probably one of the most tragic circumstances in law and in our lives is when something can be avoided, and it's not," says the victim's attorney Eric Deters.
Deters says the school failed to expel Charles, even after Oxford Police opened several criminal charges against him. Before this rape, other females on campus told police that Charles videotaped them without consent during sexual encounters. The cases go as far back as 2009.
"His own fraternity kicked him out," explains Deters. "And these events were reported to the Oxford Police the Miami University Police, and then no action was taken. It's incredible. I mean, they didn't discharge the guy until after these events and I don't understand why they wouldn't have done something much sooner."
The victim and her family want damages.
Meanwhile, school administrators had this to say:
"Miami University is committed to holding individuals responsible for their behavior and to providing extensive support for victims of sexual assault. The safety of our students is our highest priority. The claim that the University failed to take appropriate action or was somehow negligent is simply not true."
While Miami University does not believe it is appropriate to publicly discuss the details of the case, the university empathetically denies that it could have prevented the assault.
The university must provide a legal answer to the lawsuit within 30 days of the filing. The civil case will proceed from there.