Trial Magazine
Verdicts & Settlements: Schools
Negligent hiring, retention of assistant professor
March 28, 2019While a music student at Montana State University, Doe studied under assistant professor Shuichi Komiyama. Komiyama allegedly pressured Doe to get her to have a physical relationship with him. He also brought wine to her home, where the two were working on Doe’s conducting, and allegedly raped her.
Doe sued the state, alleging liability for negligent hiring and supervision and negligent infliction of emotional distress. The plaintiff asserted that although Komiyama had a felony history of having sexual relationships with students and was known to socialize with them, including in a motel room, the head of the university’s music department failed to take appropriate action. Additionally, suit alleged that the university failed to conduct a background check or ask Komiyama about any criminal history when hiring him.
The defense argued that Doe had acted provocatively.
The parties settled for $175,000.
Citation: Doe v. State, Undisclosed Dkt. No. (Mont. Dist. Ct. Lewis and Clark Cnty. Nov. 14, 2018).
Plaintiff counsel: Geoffrey Angel, Bozeman, Mont.