Louisiana Tech campus in Ruston.
The University of Louisiana System and a former Louisiana Tech University student who was raped by a student with a record of sexual assaults have agreed to settle the woman’s 2022 lawsuit for an undisclosed amount.
The plaintiff, identified only as Jane Doe in the lawsuit filed in the Middle District of Louisiana, accused the university system’s Board of Directors of knowing that a former student, Victor Daniel Silva, had been previously arrested for sexual assault in Baton Rouge but made no effort to protect students.
The original lawsuit argued that the university system and law enforcement had failed in their obligations to share information about sexual assault threats under Act 172, which the state Legislature passed a decade ago to improve communications and coordination between university officials in the state and law enforcement. In addition, the plaintiff alleged her rights under Title IX, a 1972 U.S. civil rights statute, had been violated..
A University of Louisiana System spokeswoman, Katie Dawson, confirmed that a negotiated settlement had been reached.
“The matter has been resolved with the parties,” Dawson said in an email to the Louisiana Record. “... Consistent with UL System policy, we cannot comment on litigation or settlements.”
A Notice of Settlement was also filed in federal court on Aug. 1.
“Plaintiff Jane Doe, by and through her undersigned counsel, respectfully notifies the court that the parties have agreed in principle to settle (the lawsuit),” the notice states. “Counsel for the parties are in the process of preparing and finalizing a Settlement Agreement and Stipulated Dismissal.”
Three days later, District Judge Brian Jackson issued an order saying that the parties had reached a compromise on all claims identified in the lawsuit. Jackson ordered the matter dismissed without prejudice, but he added that the case could be reopened, with good cause, should the parties fail to perfect the settlement within 60 days.
The sexual assault on plaintiff Doe took place in September 2018, after Silva invited Doe to his apartment to study. The plaintiff had previously met with Silva on campus to study, according to the original complaint.
“Three days after Ms. Doe reported the rape to Tech, defendant Board of Supervisors permitted Silva to transfer out of Tech, did not withhold Silva’s transcript and never investigated Ms. Doe’s complaint or otherwise held Silva responsible for the sixth report of his sexual misconduct against female students,” the lawsuit said.
The plaintiff sought an award from the court of compensatory and consequential damages in an amount to be determined during a trial, the complaint states. But the notice saying the parties had agreed on a settlement was filed just prior to when the trial was set to begin.
After the lawsuit was filed, a former UL System president indicated that the system’s universities had worked to advance policies to “prevent power-based violence on college campuses in Louisiana,” but he acknowledged that the efforts were “informed by deeply troubling narratives.”
Doe’s attorneys did not respond to requests for comment.
The original lawsuit was filed in the wake of a 2021 USA Today article that chronicled Silva’s history of sexual misconduct.
