Iowa State University settled in a Title IX lawsuit on Monday for a total of $47,500. The Iowa State Daily has obtained a copy of the six-page agreement from Iowa State University.

The case, Taylor Niesen v. ISU, alleged that Iowa State had violated Title IX by displaying deliberate indifference to the amount of sexual assaults perpetrated in Greek residences leading to the assault of Niesen, negligence in investigating the assault and a lack of response to retaliation from members of the Greek community.

Niesen will receive $15,000 and $32,500 will be paid to Newkirk Zwagerman, PLC, the firm that represented her.

The settlement states neither party is admitting guilt or wrongdoing and that Niesen will not be allowed to sue Iowa State in the future for reasons pertaining to this case.

Niesen was sexually assaulted at a fraternity house in January of 2015.

Niesen took a rape kit the day after the assault occurred, which came back positive in the early months of 2016. Iowa State was notified of the results and elected not to remove the assailant, according to the lawsuit.

Thomas Newkirk, an attorney who has represented Niesen as well as other high profile discrimination cases in Iowa, said they chose to settle because of several reasons including legal risks in continuing and increasing expenses.

“The prime reason why it was resolved was Taylor, like many of our clients, is a student encouraging positive changes for victims of assault and change the response of universities in the state,” Newkirk said. “The reason it worked (with) Iowa State in particular is the new president and new general counsel are on the path to make changes that are progressive. They were on the right track — we wanted to resolve this and wanted them to move forward.”

Newkirk is also representing Robinette Kelley, former Equal Opportunity Director and Title IX Coordinator at Iowa State in a Title IX lawsuit. Kelley was the Title IX Coordinator at the time Niesen filed her report with the university.

Kelley claims that Iowa State did not allow her to properly investigate sexual misconduct in accordance to Title IX. She also claims her access to information regarding sexual assaults in Greek houses and by members of the Greek Life population was restricted.

Kelley also alleges she was discriminated against as a women of color by university administrators. Newkirk said the settlement may have an effect on the outcome of the Kelley case.

“Generally, because Iowa State is thinking progressively,” Newkirk said, “That could lend itself to helping other clients feel like ‘Hey, maybe we can continue this positive change.’

“I think they’re still working on it but over the next few months or year, they may have something to say.”

Newkirk pointed to what he sees as significant efforts by the university to improve their response to sexual misconduct on campus, though Newkirk described the efforts as “general” when asked to provide specifics.

“I had a sense that Iowa State was willing to make actual changes,” Newkirk said. “Other universities in Iowa made more surface level changes, Iowa State was digging into it.”

Executive Director of University Relations John McCarroll directed the Daily to a letter circulated by the Sexual Misconduct Policy Committee on October 2, 2017, that detailed “principles and values driving the new draft policy.”

McCarroll also referenced implementation of Green Dot, a violence prevention and intervention initiative; a new Title IX training, with a goal of all faculty and staff completing it; and the campus climate survey, of which some of the results will be presented during two public forums on Wednesday.

The executive summary of the campus climate survey indicates that 11 percent of respondents “indicated that they had experienced unwanted sexual contact/conduct while at ISU.”

Background

Niesen’s assailant hired an attorney and refused to be interviewed by the university or Ames police. The university ended the investigation without finding the accused responsible because of “insufficient evidence.”

Niesen also alleges she was subjected to repeated harassment and humiliation from the Greek community following her reporting of the assault.

Niesen, a member of a Greek organization at the time, said in court documents that she was ostracized by the Greek community, including members of her own sorority.

The lawsuit alleges that Iowa State was notified of recurring problems in Greek residences and chose not to act.

“Despite repeated and ongoing complaints related to these residences, Defendants did not take adequate preventative measures to protected students from sexual assault in the Greek community,” the lawsuit alleges.

The suit also claims that Iowa State was made aware of retaliation and chose not to act.

“Defendants failed to protect victims of sexual assault who reported their assaults from retaliation by the Greek community affiliated with Iowa State University,” the original lawsuit alleges.

However, following a Nov. 11, 2017 ruling by United States Magistrate Judge Ross A. Walters, Niesen voluntarily agreed to dismiss the claim that the university had failed to take reasonable measures in preventing sexual assaults at Greek residences and that the university failed to take proper action in investigating and addressing the assault.

The case was allowed to proceed on the grounds that Iowa State had been made aware of the retaliation and humiliation Niesen claimed to be experiencing and “made little or no effort to respond to it,” according to the Nov. 11, 2017 ruling.

Niesen also claims she reported the retaliation and resulting academic difficulties with the understanding that the Dean of Students would notify her professors of her academic needs. Niesen said this never happened.

“The Complaint adequately pleads the University’s knowledge of retaliation, inaction which could amount to deliberate indifference, and that the retaliation was severe, pervasive and offensive enough to have denied Ms. Niesen equal access to institutional resources and opportunities. That is contains sufficient factual matter to plausibility plead the University’s control over both the unnamed students who retaliated and of the context is a closer question as it was with respect to the pre-alleged assault liability claim discussed previously,” the ruling reads.

University Statement

A statement provided to the Daily by McCarroll reads as follows:

“This afternoon the State Appeal Board approved a settlement agreement to resolve the Niesen v. Iowa State University litigation currently pending in Federal District Court. Last year, in ruling on Iowa State’s motion to dismiss, the Court substantially narrowed Plaintiff’s claims. This settlement resolves the remaining narrowed claim and allows both the university and Ms. Niesen to move forward in a more positive way while avoiding the significant costs associated with further litigation.

Iowa State takes its obligations under Title IX very seriously. We strive to eliminate sexual misconduct on campus, to encourage reporting of such prohibited conduct, to create and maintain a fair process for both complainants and respondents, and to support all students. We hope this resolution will aid Ms. Niesen in finding closure, and allow the university to continue to focus on providing a safe and supportive educational environment.”

Jill O’Brien contributed reporting to this article.