Ex-student files lawsuit against Nova Scotia university after alleged sex assault

A sign marks one of the entrances to the St. Francis Xavier University campus in Antigonish, N.S., on September 28, 2018. THE CANADIAN PRESS/Andrew Vaughan

A student who says she was sexually assaulted while attending St. Francis Xavier University in 2022 has filed a lawsuit against the Nova Scotia school.

The lawsuit, submitted Monday to the Supreme Court of Nova Scotia, alleges the university in Antigonish, N.S., failed in its duty to protect sexual abuse survivors victimized by a student athlete despite repeated calls to do something.

None of the allegations have been proven in court.

A statement of claim alleges the former student -- whose identity is protected by a publication ban -- was living in a residence on campus when another student living on campus sexually assaulted her on Sept. 25, 2022.

Omogbolahan Jegede, a former football player with the St. Francis Xavier X-Men, was charged in April with sexually assaulting four students, including the plaintiff, in 2022 and 2023. Jegede's trial has not yet taken place, and he has elected to be tried by judge and jury.

The plaintiff's statement of claim says that prior to charges being laid, she and two other students asked university officials to ban the accused from campus. It says the university banned him from student residences but allowed him to attend on-campus classes and use the school's facilities. A total ban wasn't imposed until charges were laid earlier this year.

The plaintiff is seeking unspecified damages from the university.

St. Francis Xavier issued a statement Thursday saying it takes a "survivor-centred and trauma-informed approach" when allegations of sexual violence are brought forward. Its sexual violence prevention committee developed the school's first sexual violence policy in 2016, and in 2019 those policies were reviewed by an outside body, leading to the implementation of a new policy in 2020, the university says.

"At St. FX, our primary concern is for the health, safety, and security of every member of our community, and we continue to review our approach to sexual violence to ensure we follow national best practices," the statement says.

In total, the lawsuit cites allegations of sexual assault from six students, dating back to January 2020. The document says an alleged sexual assault in 2020 was reported to the RCMP and the university, resulting in a "no-contact order" imposed on Jegede. Another allegation of sexual assault in 2021 prompted the university to suspend him from the football team.

And in March of this year, the plaintiff in the civil suit and two other students disclosed to the university that all three had been allegedly sexually assaulted by the accused, the lawsuit says.

"The survivors, including the plaintiff, were under the impression St. FX would take a survivor-centered and trauma-informed approach and remove Jegede from St. FX's campus," the statement of claim says.

That's when Jegede was banned from his on-campus residence but allowed to attend on-campus classes and facilities.

On March 12, 2023, the plaintiff confronted university officials about the exemption and demanded they remove Jegede from the campus "so as not to be a danger to the survivors," the lawsuit says. Two days later, another student came forward to allege the accused had sexually assaulted her the previous month.

"St. FX's position (at the time) was that, due to Jegede's contract for housing and a meal plan, and procedural fairness, they would not immediately ban him from campus," the lawsuit says. "Additionally, St. FX dissuaded the survivors from pursuing criminal charges until its investigation was conducted."

The next day, the plaintiff went to the RCMP.

Jegede was banned from campus on March 16. He was charged with four counts of sexual assault on April 14.

The plaintiff's statement of claim says the university was negligent because it knew, or ought to have known, that one of its students had displayed sexually abusive tendencies. And it says the institution failed to take reasonable care to protect her from being sexually abused.

This report by The Canadian Press was first published Aug. 17, 2023.

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