Within weeks of arriving at Virginia Tech, freshman Christy Brzonkala was gang-raped by two varsity football players. Today, five years later, Brzonkala stands at the center of a controversial lawsuit that has reached the US Supreme Court.

Virginia Polytechnic Institute and State University addressed Brzonkala allegations in two administrative hearings. At both hearings, the school found one of the attackers guilty and recommended a two-semester suspension. But threatened by a lawsuit and wanting to protect the accused athlete’s eligibility to play football, Virginia Tech rescinded his suspension.

Brzonkala sued Virginia Tech under Title IX, the law that prohibits sex discrimination in federally funded education institutions, for inadequately addressing the rape and the hostile environment she experienced after the rape. In a separate suite, Brzonkala also sued her attackers under the Violence Against Women Act. Congress passed this act in 1994 to protect women from gender-motivated violence and allow them to sue their attackers in federal court for civil damages, offering an alternative to state criminal courts, where sex discrimination and local politics often work against plaintiffs.

The Supreme Court agreed to hear arguments concerning the constitutionality of the act’s civil remedy, which the 4^th Circuit Court of Appeals struck down as unconstitutional. Hearings were held January 11 and a decision is expected this summer.

The AAUW Legal Advocacy Fund has awarded more than $35,000 to Brzonkala’s case and attended the Supreme Court oral arguments. Judging from the packed courtroom, the presence of women’s groups, and the active participation of nearly all Supreme Court justices, LAF believes this case will have a significant impact on how the nation addresses gender-based violence.

Meanwhile, Brzonkala and her attorney are in settlement negotiations with Virginia Tech regarding her Title IX lawsuit.
 
 

(from Campus Connection, the online newsletter for college/university institution members and their representatives about gender issues on campus)

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