WSU will not protect sex crimes off-campus

The Washington Supreme Court ruled Thursday, Jan. 4, that Washington State University (WSU) no longer has to protect a student who was sexually assaulted in an off- campus home despite the school’s knowledge of prior complaints made against the convicted assailant.

Five justices agreed and said that WSU had no protective custody over students and, therefore, had no duty to control decisions or actions away from the WSU campus. In addition, the justices

also said that the school could neither predict nor control the perpetrator’s actions and could not be held accountable. Four justices disagreed.

This ruling brought a 2017 rape case to light involving a 23-year-old male who assaulted a woman while she was “too weak and intoxicated to push him away,” reports say.

According to court documents, the female victim and Thomas L. Culhane, now 30, of Camas, attended an off-campus party in Aug. 2017. The female student reported to Pullman Police Department Detective Christopher Engle that she was too weak and intoxicated to push him away during the assault and started to scream when Culhane then wrapped his hands around her neck, causing her to lose consciousness.

Culhane pleaded guilty to an amended charge of second-degree assault with intent to commit rape after a March 28, 2019, motion to stop judgment on a jury’s verdict for conviction on second-degree rape.

The jury’s verdict followed a three-day trial on four charges. The jury found Culhane guilty of one charge of second-degree rape and a charge of furnishing liquor to minors. Culhane was sentenced to nine months in jail. The charges were later reduced, and Culhane pleaded guilty to assault with the intent to commit rape.

Testimony at the trial said the victim remained at the apartment after the party broke up because she was incapacitated due to alcohol consumption, reports say.

Culhane faced two complaints against him at WSU’s Vancouver campus alleging he had sexually harassed and groped them, reports say.

He was found responsible by an investigation led by the university and suspended for nine days for violating the school’s code of conduct. He was also ordered to write a complete essay about consent.

The assault that took place Aug. 2017 occurred three weeks after he transferred to the Pullman Campus.

Reports say the Pullman victim filed a Title IX lawsuit against WSU, and she claimed it failed to fulfill its duty of protecting students by not taking proper measures against Culhane despite knowing of Culhane’s previous allegations and history.

However, in 2021, a federal judge ruled that WSU could not be held responsible for a crime that occurred off campus. Reports say the victim appealed the ruling. This led to the Supreme Court weighing in on the final decision.

The court further determined that while unique relationships exist between universities and students, they only apply to curriculum-based activities. Furthermore, they stated that university students do not require the same level of supervision as K-12 students.