Notre Dame silent on teen's death

Chicago Tribune ^ | 11-21-10 | Stacy St. Clair and Todd Lighty

[mlizzy]

A 19-year-old Northbrook woman died of an apparent suicide nine days after telling University of Notre Dame police that she had been sexually attacked by a football player in a dorm room, the Tribune has learned.

Elizabeth "Lizzy" Seeberg, a freshman at neighboring St. Mary's College who had battled depression, apparently overdosed on prescription medication in her own room during the third week of classes in September. The player, meanwhile, has remained on the field.

More than two months later, Notre Dame refuses to publicly acknowledge the case, and what actions university officials have taken to investigate her allegation remain largely unknown.

Campus authorities did not tell the St. Joseph County Police Department investigating Seeberg's death about her report of a sexual attack, county officials said. Nor did they refer the case to the county's special victims unit, which was established to handle sex offenses, according to prosecutors.

Former federal prosecutor Zachary Fardon, who tried ex-Gov. George Ryan, has been hired by Seeberg's parents to look into circumstances surrounding her allegations and Notre Dame's investigation.

"At this time, we're not prepared to make any comment about Notre Dame's investigation," he said Friday.

In the months since Seeberg's death, the university and its police force have denied formal requests for information from the Tribune, asserting it is not bound by open records laws that make public reports filed at other Indiana police departments.

The alleged attack occurred Aug. 31, the second week of classes at Notre Dame.

[cherry]

Alberunia.(sp?_ in Pennsylvannia....also in Steubansville, Ohio there is a Catholic college that is very traditional...

[goat granny]

yep and the school had to cover all religious indications like the cross/crucifix's...for those that are religious, they denied Christ publically....don't want to be in the shoes that made that decision...

[Bon mots]

If she were black and he were white it would sure have been handled a lot differently.

[kearnyirish2]

“If she were black and he were white it would sure have been handled a lot differently.”

These assaults by athletes are routinely covered up; it might her the school name (or enrollment, if parents knew what they were exposing daughters to). Often local police are only too happy to assist in the cover-up (can’t have it reflect badly on the community).

[kearnyirish2]

How did that come out so screwy? Should read: It might damage the “school name”...

[TMA62]

What is very interesting is that the Chicago Tribune posted a story on this last week. Yesterday, there was a watershed of statements from Notre Dame, Saint Mary’s College and the St. Joseph County Prosecutor. The South Bend Tribune reported yesterday that County authorities investigating the death were not informed of the sexual assault that occured 9 days before. You don’t withold information like that because it can show a relation of the assault and suicide.

Someone or something is being protected.

[mlizzy]

The whole situation is very troubling. Notre Dame needs so many prayers. Fr. Jenkins is doing a horrible job leading his flock.

[vetvetdoug]

Who was the ND football player that was accused?

[onedoug]

It seems to me that charges await several of these university officials.

[mlizzy]

The name has not been made public. While I can understand this to a point, I’d sure like to see him off the football field.

[mlizzy]

They need to be flung off the Dome (Jenkins first) ...

[vetvetdoug]

the name has not been made public
Then he must be a black athlete. If he'd been a white athlete, the MSM would have been all over him like they were the Duke athletes. That is my hypothesis.

[mlizzy]

Boy, you might be right. Or it could be one of their more valuable players (black, white, or otherwise), which would be awful too. Bad either way.

[alieno nomine]

“SOUTH BEND — St. Joseph County police said Monday they were, in fact, notified by the University of Notre Dame that a Saint Mary’s College freshman who committed suicide Sept. 10 had reported being sexually assaulted 10 days earlier...
Assistant Chief and spokesman William Redman took responsibility for providing the incorrect information to The Tribune and other media outlets.”

http://southbendtribune.com/article/20101123/News01/311239997/1130

There may be a lot wrong with this University, but let’s not jump to conclusions just yet.

[mlizzy]

There may be a lot wrong with this University, but let’s not jump to conclusions just yet.

Yes, in time, all the truth will sift out.

[Hieronymus]

The bulk of Catholic colleges are a mixed bag, at best, but there is a definite group worth looking at (disclosure: I teach at one of the institutions reviewed in the link).

http://thenewmanguide.com/

[mlizzy]

I just read your tagline. LOL.

[Hieronymus]

I enjoyed the line when I first read it years ago. When I decided to use it as a tagline, I googled it and was surprised to find that it was from Chesterton (I had thought it was Belloc).

[terycarl]

Isn’t Notre Dame the school that invited the Kenyan to speak, even though he’s a pro-death zealot

a school can always invite the US president to speak without fear of condemnation. However, they should never have offered him an honorary degree.....that inferred that they were impressed by his agenda and modus operandi.

[mlizzy]

F.Y.I.

Dear Friends,

Here is some additional information on the suicide/alleged sexual assault case, but let me repeat at the start that I regard this as a developing case as to which no firmly grounded conclusions can be drawn at this time. Indeed, it is quite possible that such conclusions may never be within reach. The basic question that has been raised is whether Notre Dame is providing preferential treatment to a student in an extraordinarily tragic case because he is a football player . In addition, the family's retention of a well-known former prosecutor to investigate the case implies that they are concerned with whether somehow the University's actions may have contributed to their daughter's suicide. The mere statement of the questions shows the difficulties faced by persons not "on the inside," so to speak, in attempting to answer them. A prosecution and conviction would no doubt end the inquiry, though there might be lingering doubts as to whether in the absence of the Chicago Tribune investigation and the family's action the University would have referred it to the prosecutor. And of course the family might sue independently of any criminal action. But should the prosecutor decline to prosecute -- a case where the alleged victim is dead presents obvious difficulties beyond the usual -- and the University not impose discipline, questions might well persist. It is too early to anticipate all of this or to feel confident about inferences one way or the other when more facts are almost sure to emerge.

Nonetheless, since the case is receiving ever-increasing publicity and implicates the reputation of the University as a Catholic institution, it may be worth the attention of those who value that reputation and accordingly are interested in knowing about actions that advance or detract from it. I will try to pass along information as it emerges when it seems truly significant, but I promise not to bother you otherwise. Most of the reports of developments are likely to be confusing and unverifiable and accordingly this message is likely to be the last you will receive for a while.

Here are several interesting new items:

Both the Chicago Tribune (link) and the South Bend Tribune (link) reported that Notre Dame has now turned the case over to the prosecutor for him to determine whether criminal prosecution is warranted. The prosecutor said that he had received the case last week, though he hadn't heard of it until Sunday, evidently when he read the Chicago Tribune article. The Chicago Tribune said it had told Notre Dame last week that it was going to run the story. The obvious implication is that Notre Dame referred the case, by then over two months old, because the story was about to break.

The South Bend Tribune reported that the St. Joseph County police had reversed course on whether they had known about the sexual assault allegation when they investigated the student's death. The police had "said Monday they were in fact notified" whereas the day before they had "reported the opposite." (The explanation offered seems to be that the investigating officer did not for some reason include the assault information in his report.)

The South Bend paper noted that Notre Dame would provide no information "citing federal law." Notre Dame has elsewhere referred to the Family Educational and Rights Privacy Act (FERPA) as barring the release of information. While the University's policy may be sound, so far as I can tell it cannot properly be grounded in FERPA with respect to a case in which the ND police are acting under their authority to investigate possible crimes. Federal regulations specifically provide: "The Act neither requires nor prohibits the disclosure by an educational agency or institution of its law enforcement unit records." When a school's police are acting in place of county or city police, that seems an obviously correct rule.

It is principally the long delay from the time of the alleged offense on August 31st to the reference to the prosecutor, coupled perhaps with a doubt as to whether anything would have happened but for the Chicago Tribune's article, that appears to be the principal focus of attention. The fact that the alleged perpetrator continues to play has drawn a barrage of criticism as well. Coach Kelly has said this is a "University matter." Critics have maintained that he has the independent authority to sideline a player pending investigation. I think the uncertainties involved in all of this are apparent. In my view, an unbiased but interested observer -- neither a friend nor a critic of Notre Dame -- would at this point find neither solid grounds to absolve nor to fault the University but ample reason to be concerned and to keep watch.

A final observation: One has to keep in mind the fact that, so far as action by the University is concerned, the issue almost surely turns on the judgment of University personnel about the credibility of the alleged perpetrator and victim, since no doubt the accused denies the charge. We know what has been reported that would bear on the victim's credibility -- e.g., the actions she took consistent with her account, her reputation, her illness if there is reason to think that depression fuels fabrication, a matter as to which I am ignorant -- but hardly all there is to know, and we know nothing about the accused. Let us see what the University finally does, along with the prosecutor and the family's investigator.

My regards,
Bill Dempsey, Project Sycamore