Attorney for family of slain LSU student Madison Brooks sets 'the record straight'
Kerry Miller, the lawyer representing Madison Brooks' family in the wake of her death, sets "the record straight" in an interview with Fox News Digital.
Nearly 300 sexual assaults that were reported to Louisiana State University between October 2021 and September 2022 were closed without disciplinary action, according to the university's latest reports reviewed by Fox News Digital.
The university's handling of sexual assault accusations is under a microscope after sophomore Madison Brooks was fatally hit by a car after an alleged rape on Jan. 15, less than two years after a bombshell report by USA Today about LSU's mishandling of sexual assault cases.
The newspaper's report, titled "LSU mishandled sexual misconduct complaints against students, including top athletes," was published in November 2020 and forced internal changes, including a voluminous report in 2021.
But the university's most recent biannual reports on "power-based violence" suggest more work may need to be done.
AS LSU REELS FROM MADISON BROOKS' ALLEGED RAPE AND DEATH, CRIME TORMENTS COLLEGE TOWN
LSU student Madison Brooks was fatally hit by a car after an alleged rape on Jan. 15, 2023. (The Brooks family)
There were 182 sexual assaults reported to LSU between Oct. 1, 2021, and March 3, 2022, and 126 reported sexual assaults between April 1, 2022, and Sept. 30, 2022, according to the reports.
Of the 308 total cases, 282 didn't result in any disciplinary action, and more than 80% were closed for three reasons: "complainant not responsive to outreach," "complainant requested supportive measures only" or the "complainant requested no further action."
MADISON BROOKS: TIMELINE OF LSU STUDENT'S ALLEGED RAPE, DEATH
Louisiana State University in Baton Rouge, Louisiana, on Jan. 25, 2023. Madison Brooks attended LSU when she was hit and killed by a car on Jan. 15, 2023. (Kat Ramirez for Fox New Digital)
"The overwhelming majority of survivors choose a path that does not include a formal investigation," the November 2022 report says.
"The most common paths that survivors take are to not respond to outreach from the Office of Civil Rights & Title IX, respond but ask that the office take no further action on the report or to request supportive measures only which are available regardless of whether the survivor wishes to file a formal complaint."
Louisiana State University in Baton Rouge, Louisiana, on Jan. 25, 2023. Madison Brooks attended LSU when she was hit and killed by a car on Jan. 15, 2023. (Kat Ramirez for Fox New Digital)
The April 2022 report said, "Our data indicate a minority of complainants want to engage in the arduous task of moving through the Title IX process."
"Additionally, we can assume, based on data from national surveys, that a small percentage of students and employees who experience some type of sexual assault, harassment or other forms of sexual misconduct file an incident report with the Title IX office. We know these are national problems."
Madison Brooks is remembered after she was fatally hit by a car following an alleged rape in Baton Rouge, Louisiana, on Jan. 15, 2023. (The Brooks family)
Title IX is a 1972 federal civil rights law that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.
Sex-based crimes and incidents are included under the umbrella of LSU's Title IX Office, which was revamped by Husch Blackwell's 2021 report in response to the USA Today investigation.
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LSU spokesperson Abbi Rocha Laymoun said in an email to Fox News Digital that there have been "significant improvements to our Title IX operations and processes," and each sexual assault survivor's healing journey is different.
"Some wish to file a criminal or Title IX complaint, others want health and mental health resources and still others are focused on academic support to help them remain successful in the classroom," Laymoun said.
Students walk outside at Louisiana State University in Baton Rouge, Louisiana. (Getty Images / File)
"Our philosophy is to listen to survivors and empower them to decide which resources they want and when. Our focus is on the survivor … The office continues to review processes and monitor any potential barriers to reporting while empowering survivors to make the choice that is right for them."
SUSPECT IN LSU STUDENT MADISON BROOKS' ALLEGED RAPE CHARGED IN ALLEGED 2020 SEX ASSAULT
The formal process of a sexual assault investigation includes interviews of all parties and witnesses, a formal report and a hearing with cross-examination, she said.
"Many survivors do not wish to share their experience in those ways," Laymoun said. "A formal resolution is not the only pathway for survivors. That is why resources and supportive measures are available to all survivors, regardless of whether a formal complaint is filed."
This memorial on Burbank Drive in Baton Rouge, Louisiana, Jan. 25, 2023, was placed in honor of Madison Brooks, who was fatally struck by a car in this approximate location on Jan. 15, 2023. (KG / Mega for Fox News Digital)
The university has 25 confidential advisers across campus who can assist survivors by talking them through the Title IX process and all the available resources, according to Laymoun.
After Brooks' alleged rape and death, LSU President William F. Tate IV said in a statement that "what happened to her was evil" and that the community should focus its attention on the bars that serve alcohol to underage students.
A couple of student groups criticized his response, though, and referred to it as "victim blaming."
While Brooks' alleged rape and death did not occur on campus, the College Democrats of LSU and Feminists in Action said in a letter to Tate that "the student body finds itself sickened by this attempt to victim blame and further ignore the overwhelming violence, particularly sexual violence, we face as students. Instead, you chose to reinforce rape culture on our campus and in the greater East Baton Rouge community."
Last week, investigators announced they arrested four men after two had allegedly raped an intoxicated Brooks – while the other two were present – inside a vehicle before dropping her off along a busy highway where she was fatally struck by a car. Neither the alleged rape nor Brooks' death occurred on LSU's campus.
From left: Kaivon Washington, Casen Carver and Everett Lee. The fourth suspect, a minor, has not been identified. (East Baton Rouge Sheriff's Office)
Two of the suspects, 18-year-old Kaivon Washington and a 17-year-old suspect, who has not been identified, have been charged with third-degree rape.
Two more, 18-year-old Casen Carver and 28-year-old Everett Lee, were charged with being principles to third-degree rape.
In Louisiana, third-degree rape involves sexual intercourse that "is deemed to be without the lawful consent of a victim," according to state law. Prosecutors have reportedly said they are seeking upgraded charges against the suspects.
During a press conference on Jan. 27, attorneys representing the suspects said the sex was consensual. Attorney Ron Haley reiterated his past arguments that video reflects the suspects’ innocence.
SUSPECTS IN LSU STUDENT MADISON BROOKS CASE RELEASED FROM BATON ROUGE JAIL, RECORDS SHOW
LSU sorority student Madison Brooks was hit and killed by a car. (@madibrookss / Instagram)
Joe Long, who represents another one of the suspects, went further, telling reporters, "If Ms. Brooks was alive, this would not be a crime."
"She would not have complained about it at all," Long said. "The only reason it’s there is because the understandable anger in the community wants someone to pay for her death. And we understand that, but our clients did not do that."
The driver who hit Brooks was not charged. A spokesperson for the Baton Rouge Sheriff's Office said the driver wasn't impaired and had called 911 immediately.
Fox News Digital learned that two good Samaritans pulled over that night and administered CPR to Brooks in an attempt to save her life.
Washington was released from jail on $150,000 bond on Jan. 26 and taken into custody the next day in connection with a 2020 alleged rape involving a girl who was 12 at the time.
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Visitation and funeral services for Brooks will be held in Covington, Louisiana, on Friday, Feb. 3.
In lieu of flowers, her family is asking that the public make donations to The Madison Brooks Foundation in honor of her "life and legacy."
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