Jury trial for the case will be held in June. Photo by Jada Gangazha.
AIDAN GREGG | MANAGING EDITOR | agregg1@butler.edu
CALEB DENORME | MANAGING EDITOR | cdenorme@butler.edu
Content warning: explicit references to sexual abuse, sexual harassment, sexual assault and grooming.
The lawsuit filed by current and former women’s soccer players against former assistant athletic trainer Michael Howell, his former supervisor and current associate athletic director Ralph Reiff and Butler University continues into its third calendar year.
As the jury trial looms, issues of university policy, student-athlete safety, anonymity and discrimination continue to plague this case.
#1 Women’s soccer players allege sex abuse by former trainer, neglect by Butler University
In September 2021, six women’s soccer players reported sexual misconduct by former assistant athletic trainer Michael Howell to their coach Tari St. John. A Title IX report followed shortly after these allegations were filed and found that Howell “exploited his authority and power over Ms. Doe to isolate, manipulate, control, and sexually assault her, which he did on multiple occasions without her consent, and for his own sexual gratification.”
In July 2023, Jane Does 1, 2 and 3 filed an initial lawsuit against Howell, Reiff and Butler University. A fourth player — Jane Doe 4 — joined the lawsuit in August 2023 alleging grooming, manipulation and sexual abuse by Howell. All four women are also suing Butler and Reiff for negligence and gross negligence and for battery, assault and intentional infliction of emotional distress by Howell and Butler. As Howell’s direct supervisor, they argue that he failed to adequately educate student-athletes and coaches, failed to ensure that standards for student safety were met and failed to supervise Howell’s submission of written reports.
The women’s soccer players allege that Butler does not have any policies or protocols for athletic trainers that may have protected them from sexual abuse. Howell similarly claims that the university did not have any such policies, but also argues that this lack of policies left him vulnerable to the accusations of sexual assault, which he denies. Butler University has denied these claims. In an email to The Butler Collegian, University General Counsel Claire Konopa Aigotti noted Butler’s sexual misconduct policy, effective June 9, 2017, which prohibits unwanted “touching of the buttocks, breasts, groin or genitals of another, whether clothed or unclothed for the purpose of sexual gratification.”
#2 Reiff admits to ties to former USA Gymnastics doctor and convicted rapist Larry Nassar
In the Title IX proceedings against Howell that took place in 2022, Reiff revealed that he worked “elbow to elbow” with convicted serial rapist Larry Nassar. The former team doctor assaulted hundreds of women during his time working for USA Gymnastics and was arrested in 2016. Reiff and Nassar worked together at St. Vincent’s Sports Performance as members of USA Gymnastic’s Medical Task Force.
The plaintiffs have sought to emphasize that Reiff’s past association with Nassar should have made him aware of the kinds of abuse that can happen in collegiate athletics. Former USA gymnast Rachael Denhollander, who came forward after being sexually abused by Nassar, has joined the women’s soccer players’ legal team as counsel.
#3 University seeks to reveal athletes’ identities
The four players have proceeded under the names Jane Doe 1, Jane Doe 2, Jane Doe 3 and Jane Doe 4 since the outset of the lawsuit. They argue that they need to remain anonymous to protect their mental and physical health as well as to avoid the stigma often associated with victims of sexual assault. Butler and Reiff have contested the use of pseudonyms in this case, leading to a hearing on Oct. 28, 2024, to determine whether the athletes would be able to proceed with anonymity. No decision has been reached at the time of publication.
Butler and Reiff have argued that the women’s soccer players have used their anonymity to make defamatory statements about Reiff. In particular, the defense alleges reputational harm to Reiff because of his prior working relationship with Larry Nassar. They further allege that the players have protected themselves with their pseudonyms, while Reiff has no similar safeguard from public scrutiny.
The defense for Butler and Reiff has also asserted that the women’s circumstances do not meet the criteria for pseudonymity. For pseudonyms to be granted, the anonymous individuals must be minors, be at risk of physical harm or face retaliation from a third party.
Shana Markle, the former associate director of Butler’s Counseling and Consultation Services, treated Jane Does 1-3 and has continued to do so after her departure from the university in 2023. Markle testified at the October hearing that each of the three women expressed suicidal ideation at the possibility of having their identities revealed. All four athletes also expressed symptoms exacerbated by the possibility of their identities being made public including severely disordered eating, sleep difficulties, hair loss, depression and anxiety.
#4 Howell alleges sex discrimination by Butler University
The former athletic trainer seeks compensation from Butler for alleged discrimination on the basis of his sex as a man. He claims that the university capitulated to social pressures in response to widely publicized sexual abuse scandals in collegiate athletics, like the indictment of Larry Nassar. Howell’s legal counsel has argued that the university violated Title IX in the alleged discrimination against him in an educational setting.
Butler University argued that Title VII, a statute that concerns employment discrimination would be the proper legal theory and not Title IX; therefore, the crossclaim should be dismissed. However, the court ruled on July 29, 2024, that Howell could proceed with the crossclaim under Title IX, Title VII or both.
The university contends that since Howell has not amended his crossclaim to include a Title VII violation, he has conceded that he will continue to proceed under the Title IX argument. Butler continues to argue that the court should reconsider its decision not to dismiss Howell’s claim.
#5 Trial will begin in June 2025
The trial is set for June 16, 2025. The athletes seek financial compensation for their injuries and damages and to compel Butler to institute safety protocols to protect student-athletes. They further seek to prevent Howell from maintaining licensure and for Butler to contact former student-athletes who may have been abused by Howell and provide them with resources.
Howell’s crossclaim is set to be tried alongside the women’s soccer players’ claims. He seeks trial by jury and compensation for legal fees, lost wages and emotional distress.
The Collegian will continue to investigate and report on this story.
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