Federal judge tosses lawsuit that accused Penn State, fencing coach of concealing sexual misconduct
A federal judge dismissed Friday a private fencing instructor’s lawsuit that alleged Penn State and its fencing coach attempted to conceal sexual misconduct by a former assistant coach.
U.S. Middle District Judge Matthew Brann dismissed all seven counts of the North Carolina woman’s lawsuit in his 71-page ruling, writing “the lack of an established relationship with Penn State and absence of certain material allegations necessitate dismissal.”
The woman alleged the university was negligent its in handling of a report that former assistant fencing coach George Abashidze made numerous lewd comments and sexually assaulted her during a 2017 return flight from a national fencing competition.
The Centre Daily Times does not generally name people who say they are victims of sexual abuse unless they consent to being identified. The woman’s attorney, Kerry Sutton, declined Wednesday.
“Because she failed to timely raise certain allegations, include essential facts, and demonstrate an established relationship with Penn State, (she) has not made out a case against the University or its Title IX coordinator and fencing coaches,” Brann wrote.
Despite the ruling in its favor, the university that saw its reputation tarnished by convicted child sexual offender and former assistant football coach Jerry Sandusky was not able to avoid criticism.
“We have seen this show before: a long-tenured, highly regarded Penn State athletic coach covering up alleged sexual abuse by an assistant coach. Some lessons should only need to be learned once,” Brann wrote. “That said, the particularities of the present case make it meaningfully different than its tragic, shameful precedent involving Jerry Sandusky.”
The woman accused Abashidze of groping her and repeatedly demanding that she have sex with him, all within earshot of other passengers on the commercial flight from Oregon to Illinois.
The lawsuit said coach Wes Glon was made aware of the allegations about a month later, but refused to report them to the university.
The woman also alleged Glon pressured her to not file a report with the U.S. Center for SafeSport, the federally created and funded independent organization authorized to respond to sexual misconduct in Olympic sport programs.
A Penn State investigation substantiated the woman’s claims against Abashidze, but found he did not violate any university policies and did not address why Glon not disclose the allegations.
Glon was prepared to “vigorously” dispute the allegations had the lawsuit moved forward, attorney Jeffrey Lutsky wrote in an email Wednesday.
“The Court correctly determined that the claims by (the woman) were legally deficient and properly granted our motion to dismiss this suit,” Lutsky wrote.
Abashidze was fired in 2019 after he was suspended by USA Fencing. The woman said the university fired him “only when it had no choice.”
Five counts of the woman’s legal claims were dismissed by Brann with prejudice, meaning they can not be refiled. The remaining two counts — defamation and negligent failure to train and supervise — were dismissed without prejudice, leaving the door open for the woman to file an amended lawsuit by June 3.
The woman is “considering all of her options,” Sutton wrote.
Penn State spokeswoman Lisa Powers declined comment Wednesday. Abashidze’s attorneys did not immediately respond Wednesday to a request for comment.