Two former Oberlin students victimized in the past two years filed civil lawsuits Tuesday against their alleged attacker Delucas Lucas, with the promise of calling attention to campus safety.
Pierce E. Cunningham, representing the former students, filed two civil suits against Lucas in Cleveland's federal court. Neither suit names the College, but according to Cunningham, action may be taken against the College if the settlement requests go unnoticed.
On Sept. 15, 1998, Lucas confessed to two separate assaults on Oberlin students. The first incident occurred on Feb. 8, 1998, when a College first-year was followed into the Stevenson parking lot and struck repeatedly with a metal object. Lucas was not arrested for the assault until Sept. 15, 1998 when he was also charged with breaking into Fairchild Hall, gaining entry into a student's room, assaulting her with a metal object and threatening to rape her. The criminal trial against Lucas is still pending in Lorain County Court. Neither student is currently enrolled at Oberlin.
Cunningham does not believe Lucas sits in a strong financial situation, and his clients stand to gain little from Lucas in the suit. However, his clients filed the civil suits against Lucas in order to establish Lucas' liability for the crimes. According to Cunningham this suit stands as a stepping stone for further action against Oberlin College.
Cunningham's office contacted the President's office on June 31 requesting an audience with President Nancy Dye to discuss a settlement for his clients with the College. "... we wish to discuss with you a settlement in this case and a solution to the very serious and ongoing deficiency with the College's security system including the Oberlin Security Department," states this letter.
According to Pierce, the victims' parents were told they could discuss their concerns in a private forum with the President's office. "It seems to me, [Dye] ought to sit down with us and the parents and resolve this amicably," said Cunningham.
The President's office did not respond to Cunningham's inquiry, but referred the matter to their legal representation, Thomson, Hine & Fleury. In a letter dated August 9, 1999 Attorney Michael J. Franz responded, "We have fully investigated the events described in your correspondence ... and have concluded that there is neither a factual nor a legal basis for a cause of action by either of your clients against Oberlin College."
As indicated in his June 31, 1999 letter, Cunningham and his clients consider the Safety and Security Department partially at fault for Lucas' crimes. Cunningham cited the poor relationship between security management and union officers. Last year, members of the Oberlin College Security Association filed numerous grievances with human resources against security management, as well as an unfair labor charge with the National Labor Relations Review Board. Director of Security Keith James refuted the grievances filed by OCSA, claiming a minority of individuals were responsible for the petty grievances.
"This is not an isolated incident. If I were a parent - if I were a student - I may well say this place isn't safe. Which may mean a class action suit," said Cunningham.
Since the parties involved live in different states and the amount of money in question exceeds $75,000, the civil suits were filed in federal court. The suits accuse Lucas of demonstrating a "conscious and callous disregard" for the rights and safety of the victims. The petitions request an award of damages, court and attorney fees.
Copyright © 1999, The Oberlin Review.
Volume 128, Number 3, September 17, 1999
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