Second lawsuit filed against WKU, fraternity and former fraternity member

BOWLING GREEN, Ky. (WBKO) - WKU has released a statement in regards to a second lawsuit filed against the University and multiple WKU employees.

Benjamin Massingille has been arrested on charges of first-degree rape, first-degree sodomy and first-degree unlawful imprisonment by the WKU Police Department after an investigation in 2021.

Now, he’s being sued by the former student on claims of battery, intentional infliction of emotional distress and negligence.

The lawsuit, filed Feb. 28 in Warren Circuit Court, accuses the University and the Sigma Nu Fraternity of negligence and gross negligence.

According to court documents obtained by WBKO, the former student, who filed the lawsuit under a pseudonym, is also seeking to hold WKU President Timothy Caboni, WKU title ix coordinator Andrea Anderson, WKU Director of Student Activities, Charley Pride, and WKU Assistant Director of Greek life. Andrew Rash, liable for negligent hiring, training, retention and supervision along with negligent infliction of emotional distress.

Massingille’s criminal case was referred to a grand jury last year and is still pending.

WBKO reached out to WKU for comment, they issued a statement saying, “The university prioritizes the safety and well-being of the campus community above all else. WKU has fully cooperated with the criminal proceedings of the case throughout the last year and will be issuing a full response to these allegations via outside counsel in the coming days,” said Jace Lux, Director of WKU Media Relations.

This lawsuit comes just weeks after a separate one - claiming a student had been forced to drink to excess at a Sigma Phi Epsilon event last year and was then sexually assaulted by a fraternity member.

Also, the lawsuit comes just weeks after a WKU student march on campus to march against sexual assault on campus as news of a lawsuit against a fraternity and the school came to light.

The lawsuits both share similar allegations of a lack of “institutional control” over Greek organizations.

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