3 Cal students sue university following sexual assaults

BERKELEY, Calif. (KTVU) - Three University of California female students who say they were sexually assaulted, are suing the university because they claim the administration failed to adequately investigate their complaints or protect them.

Nicolletta Commins says there may be a big problem with her upcoming senior year at UC Berkeley.

That's because the student, who she says sexually assaulted her three years ago, may be allowed back on campus.

"Receiving an education at Berkeley is a privilege and I don't see why someone like this should be allowed to have that privilege," said Commins.

The university won't comment. But records show the student pleaded guilty to assault - not sexual assault - was sentenced to probation, and suspended from school.

She said before that suspension she dreaded seeing him on campus.

"I would just feel sick. And I would go home, skip class and stay in my apartment," said Commins.

Commins is one of three UC Berkeley women who filed a lawsuit Monday against the UC Board of Regents.

The lawsuit claims the three women often had to wait months before hearing any word about how the administration was handling their complaints. And that the punishment was inadequate.

"They need to institute protection policies, education polices," said Irwin Zalkin, an attorney representing the women.

UC Berkeley issued a statement saying:

"Working with students, faculty and staff, we have made great strides on this front," including adding two new positions to help victims and investigate.

"Berkeley will tell you it is doing better. But it is not," said Sofie Karasek, one of the student plaintiffs in the lawsuit.

Monday's lawsuit comes more than a year after a large group of former and current students filed a federal complaint asking the department of education to investigate the university and its practices involving sexual assaults on campus.

The three women and their lawyers would like to see outside agencies or experts be brought in to help adjudicate claims and not leave it entirely up to the university.

"To be honest, I don't want to be here today. I am frustrated, I'm angry, sad and disappointed that I need to be here to do what I believe is the right thing," said Karasek

The three women and their lawyers would like to see outside agencies or experts be brought in to help adjudicate claims and not leave it entirely up to the university.