VIRGINIA TECH SETTLES LAWSUIT WITH BRZONKALA

Virginia Tech and Christy Brzonkala, a former Virginia Tech student, have reached an out-of-court settlement concerning her discrimination lawsuit against the university. She originally sought $4.3 million; the university agreed to pay $75,000 to Brzonkala. No legal fees were paid. Brzonkala will drop her lawsuits against the university including a related case filed in Montgomery County Circuit Court.

"We have been exonerated at every court level," says former university President Paul E. Torgersen, who oversaw the settlement action while president. "The courts would likely find in our favor on the next issue. However, this case has carried on far too long and cost the university untold thousands of dollars. Although we are convinced that we would prevail in court, this settlement precludes any further investment preparing for discovery and trial."

The settlement also states that the agreement does not constitute an admission of the defendant as to the allegations, and it is understood that all of the plaintiff’s allegations are expressly denied.

Brzonkala sued the university for discrimination under Title IX of the federal code, based on an alleged rape in September 1994 in the dormitory room of former student Antonio Morrison. The case was dismissed from Roanoke Federal District Court in 1996 before the facts of the case were heard. The case was sent back to District Court on appeal based on a distantly related legal issue recently resolved by the U.S. Supreme Court.

This settlement does not affect the case currently before the Supreme Court testing the constitutionality of the 1994 Violence Against Women Act. In the same lawsuit against the university, Brzonkala also sued Morrison and James Crawford, another former Virginia Tech student, for violation of her civil rights. The Roanoke District Court declared the 1994 law unconstitutional, a ruling later upheld by the 4th Circuit Court of Appeals. Virginia Tech is not a party to that aspect of the lawsuit.

March's Issue