Indiana University Health is asking a judge to dismiss a lawsuit or wait for a medical opinion surrounding an alleged rape and treatment of an unnamed woman.
The woman, referred to as Jane Doe, launched the federal lawsuit against IU Health and IU after reporting a rape in 2022. According to the lawsuit, IU Health Bloomington turned Doe away because it didn’t have an available sexual assault examination nurse. The lawsuit says she was told to come back two days later and eventually got help in Indianapolis.
The plaintiffs also allege IU didn’t properly respond to an allegation of sexual assault against former IU football player Connor Delp.
Delp was arrested and charged with rape and sexual battery against Doe in May 2023. Delp was dismissed from IU’s football team in January 2023. A trial date has not yet been set.
Read more: IU and IU Health sued over alleged rape by football player in 2022
But IU Health said that Doe’s complaint needed to be heard by a medical review panel before the case could move forward. Lawyers for IU Health filed the motion Thursday, arguing that the plaintiff “failed to satisfy substantive Indiana law requirements” because a review panel has not yet issued an opinion on medical malpractice.
A judge has not yet released a decision on the dismissal.
Doe was joined in the lawsuit by her parents, who are also unnamed. They are demanding a jury trial.
A university spokesperson said that IU doesn’t comment on litigation. IU Health spokespeople said they didn’t have any information to share.
Lawyers for Delp didn’t immediately respond to requests for comment.
Aubrey is our higher education reporter and a Report For America corps member. Contact her at aubmwrig@iu.edu or follow her on X @aubreymwright .
