Three Defendants File Motion to Dismiss in Osteo School Case

The West Virginia Record

Three of the defendants named in a lawsuit against West Virginia School of Osteopathic Medicine have filed a motion to dismiss themselves from the lawsuit.

WVSOM then prohibited Rex from not communicating with McGuinness, or from communicating with any student, faculty member or administrator about her case, according to the suit.

Rex claims the effect of these restrictions were devastating to her, as she had difficulty attending class, since WVSOM had only two classrooms across the hall from each other and in order for her to attend her classes it was virtually impossible for her to avoid seeing McGuinness and there was no way to ensure that she would have no contact with him.

WVSOM violated Title IX by not only failing to minimize the burden on Rex, but by making it worse and allowing McGuinness to roam the campus unrestricted.

Rex claims she was punished for filing the sexual assault complaint and was unable to maintain or build a support system or speak with anyone about the rape, its aftermath or her concerns or feelings about it.

Because of WVSOM’s conduct, Rex was forced to withdraw from the school and transfer to another medical school, where she had to repeat her entire first year.

Rex is seeking compensatory and punitive damages and for injunctive relief requiring WVSOM to change its drug policy and provide advanced drug testing for victims of sexual violence. She is being represented by James R. Marsh and Jennifer Freeman of Marsh Law Firm.

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