Brick Woman Alleges Snapchat Rape, Says Stockton Ignored It

BRICK, NJ — A Brick Township woman has filed a federal lawsuit against Stockton University, alleging the university did not properly investigate her sexual assault claim against a Stockton alumnus who she says drugged her and then recorded himself raping her on Snapchat.

In the lawsuit, filed July 6 in U.S. District Court in Camden, the woman alleges the man slipped a date rape drug into her drink while the two sat in her dorm room. She blacked out while the two were kissing, and woke up the next morning naked, confused and covered in vomit, the suit says. She learned she'd been assaulted when she saw the videos of the incident posted by the alleged attacker on Snapchat.

The lawsuit accuses Stockton of violating Title IX provisions with regard to its handling of the woman's sexual assault report, which was filed the day of the 2017 incident. It also alleges the university, located in Galloway Township, dissuaded her from contacting police, failed to protect her from harassement afterward, and failed to address ongoing issues of sexual assault and student safety at the university.

"The university has been served with a complaint, and we have referred the matter to the New Jersey Attorney General’s Office for representation and investigation of the underlying claims," Diane D'Amico, director of news and media relations for Stockton University, said in an email statement. "We are not permitted to comment on the litigation at this time, but we look forward to issuing a statement when we are permitted to do so."

The lawsuit also names the man accused of attacking the woman, and Pi Kappa Phi fraternity as defendants. Patch is not naming the man at this time as no sexual assault charges have been filed. A request for comment from Pi Kappa Phi's national office was not immediately answered, but the national office told NJ.com that it had not had a chapter at Stockton since 2010 and that none should be operating under its name.

"There is a systemic problem with underage drinking and sexual assault at Stockton," said Robert Fuggi, the Toms River attorney representing the woman. He said much of the issue is tied to what he called "rogue fraternities" that host parties specifically targeting female students.

"They prey on these young girls," some of whom have just turned 18 not long before leaving for college, he said. "This has been going on for a while."

Fuggi said Stockton has been aware of the issues but has brushed them under the rug; the lawsuit alleges a university police officer told the woman there had been past problems with Pi Kappa Phi.

According to the lawsuit, the woman was a freshman at the time of the incident on Feb. 9, 2017. She met the alleged attacker at an invitation-only party at the Pi Kappa Phi fraternity. Only women were invited to the party, according to the lawsuit, and served "jungle juice" — vodka mixed with punch. The woman returned to her dorm room after the party, escorted by the alleged attacker and another male student. When she woke up in the morning, her genital area was sore, according to the lawsuit. A friend told her later that morning that the alleged attacker had nonconsensual sex with the woman while she was passed out.

The second incident happened five days later, on Valentine's Day, according to the lawsuit. As the two sat in her dorm room talking, the alleged attacker tried repeatedly to convince her to drink vodka he had snuck into the room. She alleges that when she got up to use the bathroom, the alleged attacker slipped a date rape drug into her drink. Her last memory before blacking out is of kissing the man, according to the lawsuit.

She woke up naked, confused and covered in vomit the next morning, according to the lawsuit, and discovered videos on Snapchat showing the man sexually assaulting her while she was unconscious. She contacted a friend, who helped her immediately report the assault to police and to Stockon University officials, including the residence hall manager and the university's Title IX coordinator, and campus police.

Fuggi said the videos — a series of three, which they have copies of — show the sexual assault in graphic detail.

"You can see her laying in bed not moving," Fuggi said, "then the next shows her head and face, and she's clearly incapacitated. The next video is him removing her bra and panties and you can see" him sexually assaulting her, he said.

The most graphic video was left on Snapchat on public view by the alleged attacker despite the woman's request for him to take the videos down, the suit says.

According to NJ.com, the man has been charged with invasion of privacy by recording a sex act without consent; the charge is pending in Atlantic County court. Stockton police did not file charges until April 2018, according to NJ.com.

The woman underwent a sexual assault examination and DNA evidence from her body and bed sheets was provided, according to the lawsuit. When she insisted police be contacted, Stockton refused to further investigate the assault, it said. Instead, Stockton officials urged her to "take a break" without any offer of a refund of her tuition for the spring semester, the lawsuit claims, and later placed on academic probation when her grades suffered as a result of the emotional trauma.

Under Title IX, the federal law barring discrimination on the basis of gender by colleges and universities receiving federal funds, schools are required to have policies and procedures in place to ensure sexual assault cases are thoroughly investigated and that students who report assaults are protected.

The lawsuit claims Stockton officials acted with complete indifference toward the woman, even when they were told of harassment resulting from the Snapchat video.

Fuggi said his client is not the first to have faced issues with Stockton's handling of sexual assault cases. He said he has been contacted by another young woman with a separate situation.

One of the aims of the lawsuit is to force Stockton to face the issue and finally deal with it, he said.

"They can't keep brushing this under the rug," Fuggi said.

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