Experts: University could face suit for Quad incident

An attempted rape in the Quadrangle last month affected the Penn community in many ways, but only time will tell if the incident will result in a lawsuit.

A female student was assaulted in her Quad dormitory room in the early morning hours of Sept. 28. The accused assailant, Jacob Leslie Dallas, was arrested shortly after the incident, but has since been released on bail.

While the state is proceeding with bringing the accused before a jury, according to legal experts, a case could be made that the University failed in its obligations in allowing the security breech to occur.

Although no lawsuit has been filed against the University at this time, security breeches in the past have led to litigation.

In a 1998 assault a Penn student was stabbed in Steinberg-Dietrich Hall. Steven Woodson, a young man unaffiliated with the University who entered the building early that morning, was later convicted of the crime. A year later, the victim filed a claim against the University, which was eventually settled out of court.

Ed McDaid, a Philadelphia lawyer and counsel for the student involved in the 1998 assault, said that while it is hard to determine the possibility of a suit without full knowledge of the events, he thought there was a potential for a claim of negligence.

"There's no easy answer," McDaid said. "A case like this is based on facts, and without those facts, it's hard to say. But once they are discovered, it's a definite possibility."

McDaid explained that "a landowner has certain obligations to protect the people in their confines. The duty that they have taken seems to have been breached."

"It seems that at least there is an issue to question whether the University fulfilled" its job.

McDaid said that an institution like Penn "is charged with the responsibility to keep people out unless they can prove that they have a right to get in."

According to McDaid, if it can be determined that the assailant did enter the Quad through the gates, "this girl has got a case."

Dallas allegedly slipped past security through Upper Quad gate, which prompted Allied Spectaguard -- the company that Penn employs for its security -- to fire the guard who had allegedly let Dallas through.

However, McDaid said that the case should be closely looked at before filing a claim.

A law professor at Temple University who wished to remain anonymous also believes the student may have a case.

"She would have to argue that what the [University] did was not meet the needs of her safety," the professor explained.

The source noted that "there are reasonable risks that the administration has to take, but [the victim] would need to allege that there was a duty that was breached and that the University did not follow proper measures to ensure safety."

The professor stressed the fact that "there are alternatives to suing."

"People tend to think 'Oh, I'll just sue,' but it's very expensive to sue. If she's not physically hurt, it's often very hard to get money for emotional damages... she may just end up spending money."

The source continued to explain that there are only two reasons to sue -- for retribution of damages and to rectify the situation.

"If it's to change what's happening, it is perhaps better for her to move through other regulatory measures.... If she talks to administrators about the problems, that's a direct way to get things changed."

Officials from Penn's Office of the General Counsel would not comment on the possibility of a suit or reaction to one.

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