FORT COLLINS, Colo. (KDVR) — A Colorado State University student was sexually assaulted and harassed while working at three football games last year, according to a lawsuit filed in federal court.
During last year’s football season, 19-year-old Katie Schiller was a server at Canvas Stadium’s outdoor premium seating area, known as loge boxes.
She said she was assigned to a box that had been rented by athletics booster, Michael Best. At the first game in September, Schiller said Best came in before the game and was very drunk.
“He was very physically friendly, touching my arms, touching my legs,” Schiller told FOX31 of Best. “He used the word b—- quite frequently with me. I just felt really violated and dejected, honestly.”
Schiller said she reported the allegations to her Spectra manager. But Best returned for the next two home games – and Schiller said – so did the assault and harassment, despite her repeatedly talking with supervisors.
“Once, twice, three times…I realized apparently my complaints aren’t getting me where I thought they were,” Schiller said. “I’m kind of being left out in the dust.”
The lawsuit claims that CSU’s and Spectra’s solution was to move her to a different job in different area – a pantry, where she’d make less money.
That’s when Schiller filed a report with CSU police and talked with attorney Birk Baumgartner.
“I was disgusted by the fact that the university…they say they are there to protect and to promote and to develop these young people, but it is that’s not what they did to Katelyn,” Baumgartner told FOX31. “They used Katelyn as an object for the gratification of their financial donors.”
CSU denies that and released this statement:
“While CSU generally does not comment on pending litigation, some allegations against CSU regarding the university’s response to this matter are factually inaccurate. CSU took appropriate measures to protect the student before its formal investigation into her allegations even began. CSU’s first priority is the safety and wellbeing of our students.”
Best’s attorney, Craig Silverman, also denies the accusations in the lawsuit. He told FOX31, “This complaint is full of false accusations. In fact, I understand it’s being amended to clear up some of the false allegations. My client fully cooperated with law enforcement and they correctly declined this case. We expect the same result in the civil justice system.”
Through Baumgartner, FOX31 obtained some of the law enforcement records for Schiller’s case.
In February, the Larimer County District Attorney’s Office declined to press charges and said there was insufficient evidence to prove the case.
However, the DA’s report goes on to say that investigators, “Do find the victim credible and she was subjected to unwanted sexual contact.”
The report said it’s possible charges could have been filed if Schiller had reported the accusations sooner or if CSU Athletics did, which knew about them before police did. And said, “It is unclear to the People (investigators) why the Athletic Department did not refer the case to CSU police immediately upon learning of the allegations.”
Schiller is now in her senior year at CSU and hopes to go to law school when she graduates. She and her attorney, Baumgartner, want the lawsuit to bring about systematic change at CSU, including new leadership. Schiller also wants an apology.
The lawsuit also mentions Spectra and its Canvas Stadium manager Karla Lewis. Spectra told FOX31, “Spectra takes all situations related to our team members seriously, as we respect our employees and value them as the lifeblood of our operation.”
Scott Schell is also listed as a defendant and is accused of sexually assaulting Schiller.
He said, “The accusations listed against me are absolutely false. I fully cooperated with the CSUPD detectives in Fort Collins, who came to the same conclusion. I will continue to cooperate during the civil proceedings – and I fully expect the same outcome.”
