Northwestern Cheerleader Sex Trafficking Suit Survives Motion To Dismiss

EVANSTON, IL — A former Northwestern University cheerleader who says she suffered sexual assaults and sexual harassment at the hands of wealthy donors to the athletic department can continue her lawsuit against the university and several current and former school officials.

Harden Richardson, 24, joined the cheerleading team in 2018 after transferring to Northwestern as a sophomore. After spending two years on the cheerleading team, she filed an eight-count complaint in federal court on January 2021, accusing Northwestern of violations of Title IX, sex trafficking, forced-labor, breach of contract, promissory estoppel and intentional infliction of emotional distress.

A representative of the university described her claims as “baseless.”

According to her suit, university officially sexually exploited female cheerleaders by requiring them to attend alumni fundraising events and make appearances at the Wilson Club, an exclusive private space for donors who forked over $6,000 or more to the school's athletics department, subjecting them to groping and harassment.

Although Richardson complained about the conduct, first to the team doctor and later to athletics department administrators and a Title IX coordinator — and even went so far as to gather evidence from teammates — university leaders failed to investigate, her suit alleges.

In response, attorneys for the defendants in the case, Northwestern University, former cheerleading coach Pam Bonnevier, former Athletics Director Mike Polisky, former Associate Athletic Director for Marketing Heather Obering and Amanda DaSilva, former associate director of equity and Title IX Compliance, filed motions to dismiss the complaint.

On Thursday, U.S. District Judge Edmond Chang issued a 35-page opinion denying most of Northwestern's motion to dismiss Richardson's complaint, which is assumed to be all true at this stage of the case.

Claims of sex trafficking, forced labor and forced labor trafficking by the university officials, as well as intentional infliction of emotional distress by the cheerleading coach, all survived the university's dismissal motion.

“Richardson alleges that the Defendants used a plethora of financially coercive means—that is, the cheerleading contracts, financial incentives, online advertisements, and representations on social media—to compel her to attend and to perform at tailgating events and various alumni events,” Chang said in the ruling.

“The key allegation rests on the Sprit Squad contracts, the execution of which was a mandatory condition for joining the team,” Chang said. “Under the terms of the contracts, if Richardson had left the team, then she would have owed Northwestern over $10,000, comprising a minimum of $9,541 to pay back the cheerleading scholarships, plus all lodging, food, equipment-rental, and training expenses.”

The judge found that threat of a financial harm could compel a reasonable person of the same background and in the same circumstances to engage in labor or services, including a “commercial sex act,” meant Richardson's trafficking claims could withstand the dismissal motion.

“Richardson argues that the harassment that she experienced—which included sexual groping and touching—constitutes a ‘sex act' under the [Trafficking Victims Protection] Act. None of the Defendants actually disagree with Richardson on this specific point,” Chang said.

“So the question here is whether Richardson adequately alleges that anything of value was given or received ‘on account of' the sex act. To the Defendants' way of thinking, the answer is no, because Richardson has not specifically alleged that there was a direct payment of donations from alumni or fans in exchange for the sex acts,” he said.

But because cheerleaders were allegedly required to flirt and endure inappropriate touching while taking pictures with alumni donors — and that only women were required to attend — the judge found Richardson's complaint plausibly alleges an exchange of donations for sex acts.

“Based on these marching orders to the female cheerleaders, and the specific emphasis on the Wilson Club and alumni events, the reasonable inference is that the fans and donors were allowed to engage in sex acts with the cheerleaders in exchange for the fans' and donors' financial support of the Athletics Department and the University,” Chang said.

The only counts Chang agreed to dismiss are Richardson's state law claims relating to alleged breach of contract and breaking promises contained in Northwestern's published Policy on Sexual Misconduct.

The judge found the school had left more than enough wiggle room in the policy that no student can reasonably rely on it to specifically promise anything.

Attorneys for the university did not attempt to dismiss her Title IX claims against it. Instead, they noted in a filing that they intend to beat the claims following discovery in a motion for summary judgment.

University spokesperson Jon Yates said none of the named defendants are still on the Northwestern payroll, and cheerleaders are currently not required to attend events at the Wilson Club.

“The University takes Title IX complaints seriously and investigates them fully. While we respect the right of individuals to seek redress through the legal system, it is important to keep in mind that the lawsuit, filed more than two years ago, contains only allegations,” Yates said.

From 2018-2020, Northwestern disciplined just 1 percent of the 882 people accused of sexual violence, compared to a statewide average of 6.3 percent, according to a WMAQ investigation of Illinois Attorney General records.

“Further, the decision today is procedural matter, not a judgment on the facts. The University remains confident that the allegations are baseless,” Yates added. “We look forward to the next steps in this case.”

Richardson's attorney, Andrew Miltenberg, told Patch he looking forward to proving her claims in court.

“As Ms. Richardson has affirmed since the day that we filed her lawsuit, and as will be proven as the case proceeds through discovery, Northwestern and its administrators pursued financial gain and personal advancement by knowingly and repeatedly exposing Ms. Richardson, and her fellow, female cheerleaders, to repeated acts of sexual assault and sexual harassment at the hands of donors and alumni. This happened over and over again. Ms. Richardson's objections and warnings were countered with attacks on her credibility as the abuse, harassment and assaults continued,” Miltenberg said in an email.

“We are extremely satisfied with the Court's acknowledgment of the validity of Ms. Richardson's trafficking claims against all defendants, as well as the state law claim against Bonnevier and are looking forward to the exhaustive pursuit of Ms. Richardson's claims so that she may have her day in court,” he said.

Northwestern's attorneys have until Oct. 10 to file an answer to the complaint, and both sides must by the end of next month complete requests for discovery, which is due to be completed by July 2024.

In the wake of the filing of Richardson's lawsuit, another former cheerleader went public with accusations of racism and abuse by Bonnevier, who was fired in late 2020. In February 2021, Erika Carter told the Daily Northwestern she was planning to file a lawsuit against the university and that an attorney was drafting a complaint. However, there are no records that she ever filed such a suit in state or federal court in the Chicago area.

A few days after Richardson's lawsuit was filed, former Athletic Director Jim Philips left the university to run the Atlantic Coast Conference. Then in May 2021, university officials promoted his deputy, Mike Polisky, one of the defendants in the cheerleader's suit.

Polisky's hiring prompted protests from students and faculty, with more than 400 people, including incoming Mayor Daniel Biss, marching to the home of then-University President Morty Schapiro.

Polisky's appointment as athletic director was met with opposition and faced protests from faculty and students. More than 400 people — including incoming Evanston Mayor Daniel Biss — marched to Schapiro's home on Friday in opposition to his promotion.

Fewer than 10 days after taking over, Polisky quit, walking away with a golden parachute worth nearly a half-million dollars.

University financial disclosures reveal Polisky was paid nearly $849,000 in the 2021 fiscal year, taking home $98,400 in base pay and a $475,190 severance payment, the Chronicle of Higher Education reported.

Following his departure from Northwestern, Polisky spent nearly two years with the sports marketing firm Intersport before becoming president of the Association of Pickleball Professionals last year, according to an online resume.

Following this summer's allegations of sexualized hazing and bullying in the Northwestern athletic department, which prompted the firing of longtime football coach Pat Fitzgerald, Richardson told the Chicago Tribune that she does not believe promises of reform in the athletic department from university officials.

“The penalty is not high enough for them,” Richardson said. “If you don't have anyone forcing you to change, you're not going to change. It seems, at least so far, it's been a lot of empty platitudes.”

Bonnevier is the lone defendant who is not being defended by Northwestern's attorneys, and she is the only one Richardson accuses of intentional infliction of emotional distress, a charge that requires “extreme and outrageous” conduct.

According to Chang's ruling, Richardson adequately alleged that the disgraced cheer coach caused enough emotional distress to survive a dismissal motion.

“Richardson has plausibly alleged that Bonnevier, among other things, intentionally and repeatedly put Richardson in situations where she would be sexually assaulted; forced Richardson to undress and to change clothes in public spaces; restricted her ability to eat; and mocked her attempts to report sexual harassment. As the head coach, Bonnevier was in a position of supreme authority over Richardson—which intensifies the outrageousness of the misconduct,” Chang said.

“Nor were these one-off instances. Bonnevier allegedly knew that she was putting Richardson in the path of assault, and yet continued to do so again and again over the course of two years. And given Richardson's complaints to and about Bonnevier, Bonnevier knew how Richardson was suffering—yet continued on anyway,” the judge said.

“Viewing the light in the most favorable to Richardson, as required at the pleading stage, the allegations amount to extreme and outrageous misconduct,” he added. “What's more, Richardson has alleged that as a result of Bonnevier's misconduct, Richardson experienced panic attacks, and needed both mental-health therapy and prescription medication.”