A former OSU wrestler accused of raping an OSU student is suing the woman for intentional infliction of emotional distress.
Clay Kehrer, 23, was charged with rape in September and was suspended from the wrestling team.
The initial case between Kehrer and the woman has not been settled and will continue Oct. 19.
On Aug. 26, 2006, police officers responded to a report of rape in the 2000 block of East Elm Avenue, according to the O’Collegian archives.
Kehrer’s attorney, Stephen Jones, said it’s not usual to file a civil suit before the initial case is decided but the case has been delayed because of the overcrowded court system.
Usually after the case, the defense would file “malicious prosecution,” the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause.
Because the case has not been decided, the woman cannot be sued for malicious prosecution.
Jones also said OSU has shown racism because it did not suspend black athletes for the same charges Kehrer, who is white, faces.
Jones said he and his client were giving OSU a reasonable time to evaluate Kehrer’s scholarship appeal before taking legal action.
OSU linebacker Chris Collins, who is black, was one example of at least three times a black athlete had been charged with rape and not been suspended, Jones said.
Collins has sexual assault charges against him in a different case but was not kicked off the football team, Jones said.
The University of Texas lifted Collins’ scholarship when he was charged and then OSU picked him to play, Jones said.
A grand jury indicted Collins in December 2004, after he and another man were arrested in May 2004, The Dallas Morning News reported.
They were charged with sexually assaulting an intoxicated 12-year-old girl at a Texarkana hotel during an after-prom party, according to the newspaper.
Collins pleaded not guilty in March, and since his arrest, he has been free on $40,000 bond, according to the newspaper.
Gary Shutt, director of communications, said the discipline of athletes is strictly up to each coach.
“There’s not an all-encompassing policy,” Shutt said.
Shutt said the university could not comment on the case between Kehrer and the woman because the case is still in litigation.
Kehrer was a starter for the Cowboys three seasons ago at 184 pounds.
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Come on…Threatening the university? Obviously it is up to each individual coach. Coach smith deemed it appropriate to dismiss Keher…maybe if Collins wrestled he would be kicked off. This is just plain ignorance.