KSL INVESTIGATES

Utah universities ‘ignored’ her report of rape against a football player, student says, leaving others vulnerable

Dec 21, 2021, 11:42 AM | Updated: Jun 19, 2022, 10:00 pm

SALT LAKE CITY – Marissa Root knew she’d need help to get through the semester.

The Utah Valley University student had gone to the hospital just a few weeks earlier, where medics evaluated her, collected DNA evidence and directed her to speak with her school about resources to help her cope.

“I had no idea how I was going to finish my classes,” Root recalled recently in an interview with KSL investigators. “I couldn’t get out of bed.”

She hoped to get counseling and extra time for coursework. But Root says the UVU’s Title IX office — tasked with investigating reports of sexual assault and harassment at her own college in Orem — turned her away when she reported being raped by a University of Utah football player in 2019, referring her to her alleged perpetrator’s school instead.

An employee in University of Utah’s Title IX Office, dissuaded her from filing an official complaint against the player, Root contends, telling her the school’s obligations were to the football player and the school “may be limited” in addressing her complaint since she wasn’t a student there.

The football player stayed on the team until after the school learned police were investigating, Root claims in a new lawsuit against the universities and the Utah System of Higher Education, (USHE) which governs Utah’s eight public colleges.

She says the institutions left others at risk of being victimized by the same student athlete and violated Title IX, the federal law barring sex discrimination in education.

KSL does not typically name victims of alleged crimes. Root, now 26, chose to use her name.

Root contends USHE has the authority to coordinate between colleges when a student is sexually assaulted but does not do so. As a result, she and other students “are being unjustifiably and illegally ignored,” the suit states.

Root has not named her alleged assailant publicly. But last March, prosecutors filed criminal charges against Sione Lund, 23, a former University of Utah linebacker, tied to an alleged assault that took place at a small gathering at his home on Sept. 15, 2019. That’s the same day Root said in her lawsuit she was victimized by a linebacker on the university’s football team at a small gathering at a player’s home.

UVU employees encouraged her to report the incident to the University of Utah to “scare the football player from ‘actually violently raping someone,’” her lawsuit says.

But Root said the investigator within the Office of Equal Opportunity at the University of Utah did not seem interested in learning who the football player was.

“They didn’t ask me his name,” Root said. “They should have been very concerned that their campus might not be safe for other people.”

The University of Utah disagreed in a Tuesday statement to KSL, saying, “the UVU student made it clear she did not wish to share the name of the alleged assailant with (Office of Equal Opportunity) staff and told them she had received medical care, contacted local police and consulted with an attorney.”

Not so, said Root’s attorney, Michael Young. The very reason Root reported to the university was to help it protect other women from the player. Young added: “it is troubling the university continues to ignore the safety of women and refuses to learn from past failures.”

The two universities aren’t saying whether they have an agreement to handle cases like Root’s. Nationally, many schools in close proximity do so, said Laura Dunn, a Washington, D.C.-based Title IX expert and attorney.

“If there are campuses that are right next to each other, and you know there’s issues of sexual violence between them and you’re not creating policies and procedures, I really do think that’s negligent,” Dunn said. “Without a concentrated effort, you’re not going to have a clear path.”

When students experience sexual violence, their own universities have a duty under Title IX to provide supportive measures, Dunn said, and to try to accommodate the trauma that may affect their studies.

Dunn is not involved in the lawsuit but reviewed Root’s legal claims against the schools for KSL.

“There should have been an analysis or reasoning provided for why they did or did not have an obligation under Title IX, so that the survivor could figure out with legal counsel, is that correct? Or are they misunderstanding what Title IX says?” she said.

Student athletes, she continued, “should be held, not just to the same standards, but arguably, to higher standards, because they’re representing the school in the public space.”

The University of Utah said it responds to every report of sexual assault with urgency and great care, following its nondiscrimination policies and guidelines.

The Office of Equal Opportunity, which conducts Title IX investigations, held a training about consent and prevention for the football players the same month, the university said. Its employees learned the name of the alleged assailant when it became aware of the Unified police investigation in February 2020, then spoke with the player and his attorney.

“The alleged assailant was suspended from the football program in February 2020 as a result of the pending criminal case,” the university’s statement reads. The announcement of the discipline came the following month.

Utah Valley University spokesman Scott Trotter issued a statement saying, “we disagree with the claims in the lawsuit.”

The statement went on to say, “We take reports of sexual assault seriously and offer support services and resources to victims of sexual violence, regardless of where, when, or how such violence may have occurred.”

But Trotter declined to respond directly to Root’s claims, citing student privacy concerns.

Utah System of Higher Education spokeswoman Trisha Dugovic said the office and its universities “hold student safety as one of their top priorities, and we take all reports of alleged wrongdoing on our campuses with the utmost seriousness.”

The Salt Lake County District Attorney’s Office charged Lund in March with rape and forcible sodomy, both first-degree felonies, in Salt Lake City’s 3rd District Court.

His defense attorney Tara Isaacson noted Tuesday that her client cooperated in the investigation and told police the contact was consensual.

“He’s not playing football anymore,” Isaacson said. She declined to give details of his departure from the team.

The night of the alleged assault, Root told her friends she didn’t want to be alone with him, but he “isolated” her, the lawsuit states.

He’d made advances in the past, but she “never responded to his communications and kept the relationship amicable but distant,” the lawsuit says.

Prosecutors say that once they were alone in his room, Lund assaulted her as she told him to stop repeatedly and said that he was hurting her, charges state.

A public relations major, Root abandoned her plan to someday work with professional sports teams, she said. She’s too fearful of what could happen if the job required her to be alone with someone she can’t trust.

“There is no right way to grieve a situation like this,” Root said. “But over the last two years, I’ve learned that being quiet doesn’t help anything.


Have you experienced something you think just isn’t right? The KSL Investigators want to help. Submit your tip at investigates@ksl.com or 385-707-6153 so we can get working for you. 

KSL 5 TV Live

KSL Investigates

What to do when a business shuts down abruptly but owes you money...

Matt Gephardt & Sloan Schrage

What to do when a business shuts down abruptly but owes you money

Jeanie Ortiz bought into a subscription plan for her treatments at Innovation Aesthetics. She says the clinic withdrew $139 directly from her bank account every month like clockwork. That was until the place abruptly shut down.

4 days ago

Rachel Montes received a notice on her door demanding $65,000 in mortgage payments that she thought...

Matt Gephardt and Sloan Schrage, KSL TV

‘Zombie mortgages’ catching Utahns off guard

Rachel Montes was served a notice on her door demanding $65,000 from a mortgage company when she thought the account had been settled over a decade ago. With the Utah market looking the way it is now, this kind of "zombie mortgage" situation isn't uncommon.

5 days ago

Wheelwright says a replacement windshield on his Tesla costs around $1,200. Lane assist and adaptiv...

Matt Gephardt and Sloan Schrage

Can your insurance company drop you like a rock for too many replacement windshield claims?

Utah drivers encounter all sorts of elements harsh to windshields, which can easily cause chips and cracks. So, imagine your insurance company dropping you because you replace too many windshields. When it happened to a Utah man, he decided to Get Gephart.

6 days ago

Influencers influence on men...

Matt Gephardt

Influencers are influencing men the most to spend on beauty products and supplies

The marketing world has been taken over by influencers. Companies pay them to post about their products on social media – sometimes handsomely.

10 days ago

Student loan confusion...

Matt Gephardt

Frustrated student-loan borrowers brace for payments to resume, but they have repayment options

People with student debt have spent the last several years in a political tug-of-war so it's hard to figure out what is and isn't happening. KSL Investigates hopes to answer those questions.

11 days ago

Holly Duke teaches all-day kindergarten at West Kearns Elementary....

Deanie Wimmer

High stakes of kindergarten readiness; what Utah schools are doing to improve student performance

Ready for kindergarten used to mean a child turned five by the cutoff date. But as the stakes and expectations get higher, teachers are encountering some surprising behaviors.

13 days ago

Sponsored Articles

Design mockup half in white and half in color of luxury house interior with open plan living room a...

Lighting Design

Lighting Design 101: Learn the Basics

These lighting design basics will help you when designing your home, so you can meet both practical and aesthetic needs.

an antler with large horns int he wilderness...

Three Bear Lodge

Yellowstone in the Fall: A Wildlife Spectacle Worth Witnessing

While most people travel to this park in the summer, late fall in Yellowstone provides a wealth of highlights to make a memorable experience.

a diverse group of students raising their hands in a classroom...

Little Orchard Preschool

6 Benefits of Preschool for Kids

Some of the benefits of preschool for kids include developing independence, curiosity, and learning more about the world.

rodeo contestant on a saddle bronc...

DAYS OF '47 RODEO

Get Ready for the Days of ‘47 Rodeo!

The Days of '47 Rodeo is a series of events everyone in the family can enjoy, with world-class rodeo contestants vying for the gold medal.

Electric LED Lightbulb Change In Light At Home...

Lighting Design

How to Know When to Upgrade Your Lighting

This guide explores indicators that suggest it’s time for a lighting upgrade with tips to make an informed decision when you’re ready to buy. 

Brunette guy in headphones playing games on his desktop computer...

PC Laptops

Looking For a New Computer? Use This Desktop Buying Guide

Choosing a new desktop computer can come with a lot of questions, so we created this desktop buying guide.

Utah universities ‘ignored’ her report of rape against a football player, student says, leaving others vulnerable