In a blow to the University, Judge Ernest C. Torres at U.S. District Court in Providence yesterday refused Brown's motion for summary judgement on several grounds in the case of Marketa M. Wills vs. Brown University. Wills, who graduated in 1995, is one of four alumnae to file suit against the University after Brown declined to fire Visiting Associate Professor of Chemistry Kayode Adesogan until March of 1994, after at least 12 female students complained that he had sexually assaulted them. Court documents indicate that Brown had informal knowledge of Adesogan's actions as early as September of 1992. Peter McGinn, the University's lawyer, yesterday asked that all of the above charges be subject to summary judgement with respect to the Wills case.
Summary judgment bypasses a trial and requires the judge to rule on the case as a matter of law.
McGinn based his request on the fact that when Wills made her complaint against Adesogan in December 1992, the University had had no formal notice of the professor's actions. Wills was the first to initiate an official complaint against Adesogan. Brown has argued that there was no way it could have know about Adesogan's prior behavior, and therefore should not be held responsible for Wills's situation. Judge Torres denied McGinn's request with respect to assault and battery, quid pro quo sexual harassment and negligent supervision. The Wills case is tentatively scheduled for a December trial date, and will be decided based on these charges.