Suit against ASU in rape claim to federal court

A former student's lawsuit accusing Arizona State University of placing her in a dangerous situation that allegedly led to her rape is moving forward in federal court.

The suit filed against ASU in 2006 says Darnel Henderson, then a 19-year-old scholarship football player with a history of threatening behavior, allegedly raped the 18-year-old female student, identified only as "J.K." in court records, in their dormitory in March 2004.

U.S. District Judge Mary Murguia late last month denied motions for dismissal filed by ASU.

Henderson, then an ASU defensive back, established himself as a disciplinary problem during the 2004 school year after transferring from Sacramento State University. ASU had kicked Henderson out of a summer school program the previous July for exposing himself to female students and employees, and for other threatening behavior against them, the suit states.

Despite that, the university enrolled Henderson on an athletic scholarship the next semester, at the urging of former football coach Dirk Koetter.

The judge considered whether there is evidence that university officials, Koetter in particular, placed J.K. in danger that she would not have faced otherwise.

To that point, Murguia wrote, "there are genuine issues of material fact as to whether Koetter did."

Kimberly Hult, the attorney representing J.K., said she expects the court will schedule a trial date later this year. Michael King Goodwin, a lawyer with the Arizona Attorney General's Office, which is representing ASU, did not immediately return calls for comment Friday.

Koetter, now offensive coordinator for the Jacksonville Jaguars, could not be reached for comment. Henderson could not be located for comment.

Henderson arrived at ASU on June 18, 2003, to participate in a summer school program designed to help students prepare for college academics. His behavior problems began immediately, according to court records.

This included "bouncing a basketball in his dormitory at all hours of the night, pouring bleach on another student's clothing, physically intimidating and making threatening remarks" to females, Murguia wrote. Henderson's troublesome behavior continued even after ASU athletic department officials warned him that he risked expulsion and loss of his scholarship. The university dropped Henderson from the summer program on July 17, 2003.

Koetter and Henderson spoke about the student athlete's status the following month, the lawsuit states.

"Henderson stated that Koetter first told him that he might not be able to come back to ASU, and then later told him that he had worked things out so that Henderson could return to ASU and join the football team."

Early on the morning of March 12, 2004, Henderson allegedly raped J.K., according to court records.

ASU's judicial affairs and university police investigated the incident. Both concluded J.K. had been sexually assaulted.

The Maricopa County Attorney's Office declined to prosecute Henderson after prosecutors determined there was not a reasonable likelihood of conviction. The university expelled him two months later.

"Henderson was allowed to remain on the football team and in the same dormitory for three weeks after he allegedly raped J.K.," Murguia wrote in her order denying ASU's dismissal motion.