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JAMES W. MCCONKIE, 2156
BRADLEY H. PARKER, 2519
W. ALEXANDER EVANS, 12085
PARKER & MCCONKIE
5664 South Green Street
Salt Lake City, Utah 84123
Telephone: (801) 264-1950
Facsimile: (801) 266-1338
jwmcconkie@utahlawhelp.com
bparker@utahlawhelp.com
alex@sjatty.com
Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF UTAH

JILL McCLUSKEY and MATTHEW
McCLUSKEY, individually and for and on
behalf of LAUREN McCLUSKEY, deceased,
Plaintiffs,
v.
STATE OF UTAH (including the University of
Utah, University Department of Housing and
Residential Education and University
Department of Public Safety), DALE BROPHY,
KORY NEWBOLD, KAYLA DALLOF,
MIGUEL DERAS, TODD JUSTENSEN,
HEATHER McCARTHY, EMILY
THOMPSON and JANE/JOHN DOES 1-10.

COMPLAINT
1.
2.
3.
4.
5.

Title IX
Equal Protection (individual liability)
Equal Protection (municipal liability)
Equal Protection (failure to train)
Interest on Special Damages
(Jury Trial Demanded)
Case No.
Judge:

Defendants.
Plaintiffs, Jill McCluskey and Matthew McCluskey, by and through their counsel of
record, Bradley H. Parker, James W. McConkie and W. Alexander Evans of the law firm of
Parker & McConkie, hereby bring this action on their own behalf and on behalf of Plaintiff

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Lauren McCluskey, deceased, against Defendant State of Utah (including the University of Utah,
University Department of Housing and Residential Education and University Department of
Public Safety) (collectively the “University”) and against Defendants Dale Brophy, Kory
Newbold, Kayla Dallof, Miguel Deras, Todd Justensen, Heather McCarthy, Emily Thompson
and Jane/John Does 1-10 (“Individual Defendants”), alleging their deliberate indifference and
failure to intervene and prevent the tragic and untimely death of Lauren McCluskey. The
allegations are as follows:
INTRODUCTION
This is a civil rights case involving the tragic, avoidable and untimely death of Lauren
McCluskey, a 21 year-old University of Utah track star and student who was shot seven times
and brutally murdered by her ex-boyfriend, Melvin Rowland, on the University of Utah campus.
This preventable murder occurred as a direct result of the University’s refusal to respond to
multiple concerning reports of stalking, abuse, intimidation, dating violence, domestic violence,
sexual harassment, gender based discrimination and other dangerous and abusive behaviors
prohibited under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681(a).
Indeed, despite the fact that Lauren and fellow students contacted the University of Utah
more than 20 times to report Melvin Rowland’s abuse and did everything that they could to
obtain help with regard to their concerns of escalating violence, the University and the Individual
Defendants failed to take any action reasonably calculated to end the abuse and prevent its
reoccurrence or to otherwise investigate the allegations, thereby acting with deliberate
indifference and subjecting Lauren to further and ongoing abuse. The University’s response to

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the reports of abuse was clearly unreasonable in light of the information it received and
its deliberate indifference to the information ultimately deprived Lauren of her access to an
education and resulted in Lauren’s predictable, preventable and tragic death.
Pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
Statistics Act (“Clery Act”), 20 USC § 1092(f), “dating violence” is “committed by a person who
is or has been in a social relationship of a romantic or intimate nature with the victim” to include
sexual or physical abuse or the threat of such abuse. It also includes “stalking,” which is defined
as “a course of conduct directed at a specific person that would cause a reasonable person to—
[f]ear for the person's safety or the safety of others; or [s]uffer substantial emotional distress.”
The Clery Act defines a “course of conduct” to “mean[] two or more acts, including, but not
limited to, acts in which the stalker directly, indirectly, or through third parties, by any action,
method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or
about a person, or interferes with a person's property.”
Similarly, pursuant to Utah law, domestic violence occurs when a person who is or was in
a consensual sexual relationship with another party (i.e. a “cohabitant”) commits, attempts to
commit or threatens to commit any criminal offense involving “violence or physical harm”
against the other party (i.e. against a fellow “cohabitant”) regardless of whether the parties live
together or are married. Utah Code §77-36-1(4). Criminal offenses that involve “violence or
physical harm” include, but are not limited to, assault, harassment, electronic communication
harassment, stalking, tampering with a witness, retaliation against a victim, unlawful distribution
of an intimate image and voyeurism. Id. Accordingly, crimes such as stalking are considered a

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form of domestic violence when such crimes are committed against a current or former
sexual partner. In addition to criminal offenses, domestic violence and dating violence are forms
of sexual harassment, which are in turn forms of gender based discrimination that are prohibited
by Title IX.
Domestic violence, dating violence and other forms of sexual harassment are widespread
and serious problems on university campuses and throughout the United States, which
disproportionately affect women and often have deadly consequences. For example, 21% of
college students have experienced dating violence at the hands of a current partner with 32%
experiencing dating violence at the hands of a former partner. Over 13% of college women
report they have been stalked and 42% by a boyfriend or ex-boyfriend. Nearly one third of
college students report having physically assaulted a dating partner in the previous 12 months.
Fifty women in the United States are killed every month by gun violence alone at the hands of an
intimate partner. Twenty people in the United States are assaulted by an intimate partner every
minute.
Moreover, three quarters of the abusers who ultimately killed their intimate partners
engaged in stalking of the intimate partners before killing them. In addition to stalking, several
other factors are known to significantly increase the risk of violence or death at the hands of an
intimate partner and such factors are commonly evaluated to assess the danger for those at risk.
Such factors include, but are not limited to: a short courtship, extreme jealousy, isolation from
friends or family, attempts to monitor or control daily activities, stalking, substance abuse,
chronic unemployment, access to a gun, prior instances of domestic violence or dating violence,

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threats to harm or kill the victim, threats of suicide from the abuser, forced sex,
manipulative behavior, visions of grandiosity, profound narcissism, lies about military service,
bravery or heroism, exaggerated fear of danger associated with the outside world or any attempt
by the victim to end the relationship. In fact, danger to the victim drastically increases when a
victim leaves an abuser, remains extremely high for three months, dips slightly for the next nine
months and drops off precipitously after one year. Other warning signs of abusive behavior that
are often evident with respect to the victim include, but are not limited to: unexplained bruising,
depression, chronic fatigue, changes in personality or appearance, changes in eating or sleeping
patterns, a decline in self-esteem, increased worry about pleasing, displeasing or angering the
other partner and constantly checking in with the other partner.
Among other things, the University of Utah’s “primary prevention and awareness
programs” regarding “Sexual Misconduct” indicates that the University provides all of its
employees with “[i]nformation on risk reduction to recognize warning signs of abusive behavior
and how to avoid personal attacks.” Rule 1-012B(III)(1)(e) (emphasis added). Accordingly,
University employees should have been able to recognize the warning signs associated with
Melvin Rowland’s abusive behavior and should have known how Lauren could avoid personal
attacks.
Lauren’s death arose from a set of circumstances that should have alerted the University
and Individual Defendants to the fact that one of their students was in extreme peril of being
seriously harmed or killed as a result of domestic violence or dating violence. In addition to
direct reports of domestic violence and dating violence, the classic warning signs of such

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behavior were repeatedly reported to the University, but no investigation occurred, no
plans were developed or implemented and no effort was made to take any meaningful action
reasonably calculated to end the harassment or to otherwise prohibit Melvin Rowland from
having ongoing access to the University’s campus.
A Pattern of Dating/ Domestic Violence
Lauren started dating Melvin Rowland in September of 2018. He was a large, powerful
and handsome man who was over 6 feet tall and weighed approximately 250 pounds. Lauren did
not have much experience dating and at first, Melvin Rowland seemed attentive and respectful,
but Lauren did not know that Melvin Rowland was lying about his name and age, among other
things, to hide the fact that he was a dangerous felon and registered sex offender.
Within a very short time, the relationship began to sour. Melvin Rowland became
extremely possessive, controlling and manipulative as a pattern of dating violence and domestic
violence emerged. Among other things Melvin Rowland was unabashedly jealous; he employed
various tactics to control Lauren’s daily activities; he isolated Lauren from her friends and
family; he stalked Lauren, monitoring her whereabouts and activities both on and off campus; he
was profoundly narcissistic; he was chronic liar. Melvin Rowland became unemployed, relied
on Lauren for food and shelter and gained access to a gun.
Fellow students and friends of Lauren’s began to notice changes in her affect and
appearance. Lauren had lost weight, she looked exhausted and stressed out, her eyes were glassy
and hollow, she stopped wearing makeup, she was not taking care of herself, she was not paying
attention to her studies, she was not eating well and she seemed defeated. Lauren’s friends

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noticed that she would constantly check in with Melvin Rowland and would go out of her
way to avoid displeasing him in any way. Even more concerning, Lauren’s friends began to
notice bruising on Lauren’s body. Sadly, the warning signs suggesting that Melvin Rowland was
abusing Lauren were staggering in number as were the indications that Melvin Rowland’s
abusive behavior would eventually result in physical harm or death.
Lauren was profoundly shaken when she discovered that Melvin Rowland had lied about
his name and age and when she found out that he was a registered sex offender who had been
convicted of a second-degree felony for the enticement of a minor over the internet and of a
third-degree felony for attempted forcible sexual abuse. Separate crimes committed just a few
days apart. Although Melvin Rowland’s sentence started on July 19, 2004 and should have kept
him in prison until 2019, he had been released early and was on parole at the time that he
violently murdered Lauren.
A Preventable Campus Murder
As soon as Lauren discovered Melvin Rowland’s lies, his alarming secrets and his
dangerous history, she ended her relationship with him. Melvin Rowland was infuriated by this.
In retaliation, he harassed Lauren relentlessly with electronic communications, he stalked Lauren
on and off campus directly, indirectly and through third parties via a variety of different methods
and means, he threatened to kill himself to manipulate Lauren, he extorted Lauren by threatening
to publish a compromising image of her, he intimidated Lauren when she contacted the police in
an attempt to scare her into withholding information regarding his criminal behavior and he
impersonated a police officer in an attempt to lure Lauren away from her dormitory.

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Despite having actual knowledge that Melvin Rowland was harassing Lauren and
stalking her, which are by definition offenses involving “violence or physical harm,” and despite
receiving other information sufficient to alert the University to the possibility that Lauren was
otherwise a victim of domestic violence, dating violence and sexual harassment, the University’s
Department of Housing and Residential Education (“Department of Housing”) acted with
deliberate indifference and conscious disregard of the deadly situation, and thus failed to take
any meaningful action that was reasonably calculated to end such abuse or to otherwise
investigate the matter. Consequently, the University failed to meet its obligations and violated
Title IX.
Among other things, despite having the ability and authority to do so, the Department of
Housing failed to contact Lauren with regard to the allegations of harassment, stalking or the
other warning signs of potential abuse, it failed to otherwise investigate the matter or gather more
information, it failed to contact Lauren and provide her with safety options and resources, it
failed to contact or coordinate with other University departments or organizations, it failed to
take action required by University of Utah policies and procedures and it otherwise failed to take
any meaningful action to address the situation and ultimately prevent Lauren’s murder.
Similarly, despite having actual knowledge that Melvin Rowland was harassing Lauren
and stalking her, despite receiving other information sufficient to alert the University to the
possibility that Lauren was otherwise a victim of domestic violence and dating violence and
despite having actual knowledge that Melvin Rowland had committed or attempted to commit
several other crimes that would be considered sexual harassment and sexual discrimination under

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Title IX, the University Department of Public Safety (“UUPS”) acted with deliberate
indifference and conscious disregard of the deadly situation, and thus failed to take any
meaningful action that was reasonably calculated to end such abuse or to otherwise investigate
the matter. Consequently, the University failed to meet its obligations and violated Title IX.
Among other things, despite having the ability and authority to do so, UUPS failed to
investigate whether Melvin Rowland was on parole, failed to attempt to make contact with
Melvin Rowland or with anyone who might have information about him, failed to make any
attempt to determine whether Melvin Rowland was behind the harassment and extortion, failed
to acknowledge that Melvin Rowland had committed or attempted to commit crimes in addition
to the extortion, failed to use any reasonable means to protect Lauren, failed to formulate or
implement any plan to prevent further abuse and failed to describe the rights and remedies
available to Lauren as required under the Cohabitant Abuse Act. In fact, rather than
investigating the allegations against Lauren and treating them with the urgency that they
deserved, the detective in charge of Lauren’s case went on vacation and returned to find that
Lauren had been murdered. Despite the fact that the detective instructed Lauren to send her
information, none of the information that Lauren sent was forwarded to an officer or detective
who was on-duty.
Based on this lack of action by either the Department of Housing or UUPS, the
University of Utah clearly failed to adequately train its employees to recognize the warning signs
of abusive behavior.
Upon information and belief, the University of Utah’s failure to investigate or take any

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meaningful action was based on irrational gender stereotypes. In fact, the Department of
Housing dismissed its obligation to take any action based on the fact that Lauren was in a
consensual relationship and would want “privacy” in the matter. Thus, the Department of
Housing only considered threatening Lauren with guest policy violations for allowing Melvin
Rowland to stay in her dormitory, thereby suggesting that Lauren, like most women, likely
encouraged and provoked the abuse and that she was to blame for the abuse and the
circumstances that led to it. Additionally, despite the fact that Lauren contacted UUPS more
than 20 times to report her concerns about Melvin Rowlands’s abusive and criminal behavior,
UUPS refused to respond to the reports based on the assumption that Lauren, like most women,
was unreasonable, hysterical, hypersensitive, paranoid, overreacting to the situation and not
being truthful. UUPS refused to believe that Melvin Rowland was the culprit and failed to
investigate the matter to determine whether Melvin Rowland was in fact the culprit based on the
assumption that Lauren, like most women, was reporting the abuse out of spite or because she
had ulterior motives. In basing its decision on these gender stereotypes and others, the
University of Utah violated Lauren’s clearly established right to equal protection under the
Fourteenth Amendment of the United States Constitution.
Despite doing everything within her power to get the University to take action, on
October 22, 2018, Melvin Rowland hunted Lauren down on campus as she was returning from
class. He grabbed her, dragged her across a parking lot and shoved her into a car that he had
borrowed. At the time of the attack, Lauren was on the phone with her mother and father, Jill
and Matthew McCluskey, who heard her cries for help and immediately alerted law enforcement.

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Melvin Rowland then shot Lauren over and over – seven times total – he then called a
woman that he just met online, invited her to dinner and later showered at her apartment. Later
that night when the police attempted to apprehend him, he fled, broke into a church and
ultimately committed suicide.
PARTIES, JURISDICTION AND VENUE
Plaintiff Lauren McCluskey, now deceased, was at all times pertinent hereto a resident of
Salt Lake City, Salt Lake County, State of Utah.
Plaintiff Jill McCluskey is and was at all times pertinent hereto a resident of Pullman,
Whitman County, Washington and was the natural parent of Plaintiff Lauren McCluskey.
Plaintiff Matthew McCluskey is and was at all times pertinent hereto a resident of
Pullman, Whitman County, Washington and was the natural parent of Plaintiff Lauren
McCluskey.
Defendant State of Utah (including the University of Utah, University Department of
Housing and Residential Education (“Department of Housing”) and University Department of
Public Safety (“UUPS”)) (collectively the “University”) is and was at all times pertinent hereto,
a government entity as defined by Utah Code §63G-7-102(4) and a public university with its
principal place of business in Salt Lake City, Salt Lake County, State of Utah, where it resides.
Defendant Dale Brophy is and was at all times pertinent hereto, the UUPS Chief of Police
and an employee and/or agent of the University who, upon information and belief, resides in Salt
Lake City, Salt Lake County, State of Utah.
Defendant Kory Newbold is and was at all times pertinent hereto, a Sergeant with UUPS

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and an employee and/or agent of the University who, upon information and belief, resides
in Salt Lake City, Salt Lake County, State of Utah.
Defendant Kayla Dallof is and was at all times pertinent hereto, a Detective with UUPS
and an employee and/or agent of the University who, upon information and belief, resides in Salt
Lake City, Salt Lake County, State of Utah.
Defendant Miguel Deras is and was at all times pertinent hereto, an Officer with UUPS
and an employee and/or agent of the University who, upon information and belief, resides in Salt
Lake City, Salt Lake County, State of Utah.
Defendant Todd Justensen is and was at all times pertinent hereto, the Associate Director
Leadership Team (“ADLT”) with the Department of Housing and an employee and/or agent of
the University who, upon information and belief, resides in Salt Lake City, Salt Lake County,
State of Utah.
Defendant Heather McCarthy is and was at all times pertinent hereto, the Area
Coordinator (“AC”) with the Department of Housing and an employee and/or agent of the
University who, upon information and belief, resides in Salt Lake City, Salt Lake County, State
of Utah.
Defendant Emily Thompson is and was at all times pertinent hereto, the Resident
Director (“RD”) with the Department of Housing and an employee and/or agent of the University
who, upon information and belief, resides in Salt Lake City, Salt Lake County, State of Utah.
Upon information and belief, Defendants Jane/John Does are and were at all times
pertinent hereto, employees and/or agents of the University who reside in Salt Lake City, Salt

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Lake County, State of Utah.
The injuries giving rise to this Complaint occurred on the University of Utah campus in
Salt Lake City, Salt Lake County, State of Utah.
This action arises, in part, under Title IX of the Education Amendments of 1972 20
U.S.C. §§1681, et seq. and accordingly, this Court has original subject matter jurisdiction under
28 U.S.C. §1331.
This action also arises, in part, under 42 U.S.C. §1983 and accordingly, this Court has
original subject matter jurisdiction under 28 U.S.C.§1343(a)(3) and (4).
Because Defendants reside in this district and because a substantial part of the events or
omissions giving rise to the claims occurred in this district, venue is appropriate in this district
pursuant to 28 U.S.C. §1392(b).
FACTUAL ALLEGATIONS
Plaintiffs incorporate by this reference all previous paragraphs above as though fully set
forth below.
In 2018, Plaintiff Lauren McCluskey (“Lauren”) was a 21-year-old senior at the
University of Utah where she was a successful student and track athlete.
Originally from Pullman, Washington, at all times pertinent hereto, Lauren lived on the
University of Utah campus at the Shoreline dormitory, which is supervised and managed by the
University of Utah Department of Housing and Residential Education (“Department of
Housing”).
Melvin Rowland’s Escalating Pattern of Dating Violence, Domestic Violence, Stalking,
Sexual Harassment and Abuse Against Lauren McCluskey
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On or about September 3, 2018, Lauren met Melvin Rowland, a 37 year-old felon, sex
offender, con man and master manipulator who was on parole after serving over a decade in
prison. He had convinced Lauren and others that he was a 28 year-old student named “Shawn
Fields” who was studying computer science at a community college and working part-time in
security. Significantly, Melvin Rowland was over six feet tall, weighed approximately 250
pounds and was a large, powerful and intimidating individual who worked as a bouncer at a local
night club.
On or about September 10, 2018, Lauren began to date Melvin Rowland and concern
amongst Lauren’s friends began to develop almost immediately.
Indeed, among other things, Lauren’s friends noticed that Melvin Rowland was
possessive, controlling and manipulative. For instance, Melvin Rowland routinely told Lauren
what to wear, he would go through Lauren’s text messages and emails and he would often accuse
her of lying and betrayal, which is common tactic employed by abusers. Furthermore, Melvin
Rowland would not allow Lauren to go to social events or associate with her friends without him
present because he was jealous and possessive. Melvin Rowland would often start telephone
conversations with a hostile quiz demanding that Lauren explain what she was doing, where she
was and who she was with.
Melvin Rowland also stalked Lauren by observing her from afar when they were not
together. In fact, Melvin Rowland told Lauren he was stalking her in order to scare her into
thinking that he could be watching her at any given moment. He used this control tactic to
ensure that Lauren also would provide honest responses when he quizzed her on her whereabouts

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and activities. Melvin Rowland often became enraged to yell at Lauren and accuse her of
being unfaithful if she did not answer his calls immediately or if she was late meeting him. This
left Lauren frantic when Melvin Rowland would call and in a panic before meeting with him,
fearful that she might ignite his anger somehow.
Melvin Rowland also demanded that Lauren pick him up at work when his shift ended at
2:00 a.m. and he frequently borrowed Lauren’s car while effectively living with Lauren at her
dormitory on the University’s campus. Melvin Rowland expected Lauren to run his errands, buy
him gifts, cook and clean for him. Melvin Rowland demanded sex from Lauren and manipulated
her into doing things that were inconsistent with her personality and character. Indeed, Melvin
Rowland would get upset when Lauren wanted to attend church on Sundays – something that she
had done consistently her whole life.
After dating Melvin Rowland for a couple of weeks, Lauren’s friends noticed changes in
her affect and appearance. Lauren had lost weight, she looked exhausted and stressed out, her
eyes were glassy and hollow, she stopped wearing makeup, she was not taking care of herself,
she was not paying attention to her studies, she was not eating well, her enthusiastic demeanor
disappeared and she seemed depressed and defeated. Most concerning of all, Lauren’s friends
noticed bruising on Lauren’s body.
On or about September 23, 2018, in violation of his parole agreement, and despite the
fact that he was a “Category I restricted person” who had been previously convicted of a “violent
felony,” Melvin Rowland took Lauren to shoot guns with his friends.
On or about September 26, 2018, Lauren called her close friend and fellow student,

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Alexandria Mumphery, expressing
and
frustration
with Melvin Rowland’s

controlling behavior. During that call, Lauren mentioned that Melvin Rowland was getting her a
gun sometime in the very near future so that she could protect herself against advances from
other men. Already concerned by Melvin Rowland’s behaviors toward Lauren and after noticing
striking changes in Lauren’s appearance, demeanor and personality develop over the course of a
very short period of time, Alexandria was alarmed when she heard that Melvin Rowland would
be getting a gun for Lauren. Accordingly, Alexandria consulted two more of Lauren’s close
friends and fellow students, Alejandra Sanchez and her sister, Carmen Sanchez. Alejandra and
Carmen had observed the same behavior and had the same concerns as Alexandria, which were
significantly enhanced when they too learned about the gun.
Actual Notice to the University that Melvin Rowland was Committing Dating Violence, Domestic
Violence, Stalking, Sexual Harassment, and Other Abuse against Lauren McCluskey
In fact, their concerns were so great that, on September 30, 2018, Lauren’s friends sent
Alejandra to seek help from the Graduate Assistant (“GA”) for Shoreline dormitory, Diamond
Jackson (“Jackson”). Significantly, GA Jackson, Alejandra and Carmen were close friends and
GA Jackson knew both Lauren and Alexandria personally.
Alejandra told GA Jackson that she had spoken with Alexandria and what they had
spoken about, specifically indicating that they were both very worried about Lauren. Among
other things, Alejandra told GA Jackson that Lauren was in an unhealthy and potentially harmful
relationship with an older man who was possessive, controlling and manipulative. She told GA
Jackson about Melvin Rowland’s delusions of infidelity, his jealous rages and his hostile quizzes,
providing specific examples and anecdotes. She told GA Jackson about the changes in Lauren’s
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 personality and appearance and
how Lauren had stopped taking care of herself.
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Moreover, Alejandra reported unexplained bruises on Lauren’s body, which indicated physical
abuse.
Among other things, Alejandra told GA Jackson that Melvin Rowland had been stalking
Lauren and that Melvin Rowland made Alejandra feel very uncomfortable. Indeed, Alejandra
told GA Jackson she was afraid that Melvin Rowland was stalking her as well by tracking her
whereabouts when she was with Lauren.
Alejandra also told GA Jackson that Melvin Rowland had access to compromising
images of Lauren and that she was concerned that Melvin Rowland might use them to exploit
Lauren.
Alejandra also told GA Jackson that Melvin Rowland had practically been living on
campus at Lauren’s dormitory and that he was planning to get Lauren a gun to keep with her.
Indeed, Alejandra told GA Jackson that she feared for Lauren’s life after observing several
indicators of an abusive relationship and after learning that Melvin Rowland had access to a gun
that could enter the picture sometime in the very near future.
Accordingly, on September 30, 2018, GA Jackson called the Resident Director (“RD”),
Emily Thompson (“Thompson”), to pass Alejandra’s report to the appropriate officials. At that
time, GA Jackson assumed the University would remove Melvin Rowland from campus, as that
was within its authority and he was a non-student. However, RD Thompson was new to her
position and was not sure what to do about the situation.
That same day, GA Jackson also called the Area Coordinator (“AC”), Heather McCarthy

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 (“McCarthy”), to provide the same report. During this call, GA Jackson offered to go
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directly to Lauren’s dormitory, to immediately investigate the situation and to call UUPS. AC
McCarthy prohibited GA Jackson from taking these actions to instead claim that GA Jackson’s
concerns were speculative and that the University needed to respect Lauren’s privacy – thereby
perpetuating a dangerous myth about intimate partner violence. Upon GA Jackson’s urging, AC
McCarthy agreed to revisit the matter the next day at an area meeting.
At the area meeting on October 1, 2018, GA Jackson provided more detail to AC
McCarthy and to RD Thompson regarding the report concerning Lauren. Among other things,
GA Jackson told AC McCarthy and RD Thompson that Melvin Rowland had isolated Lauren,
that Melvin Rowland would aggressively demand to know her whereabouts at all times and that
Lauren was terrified of angering him – all classic signs of dating violence and domestic violence
readily identifiable by trained officials. GA Jackson also told AC McCarthy and RD Thompson
that Lauren was in danger of being sexually exploited and harassed given Melvin Rowland’s
possession of compromising images.
GA Jackson also told AC McCarthy and RD Thomson that Melvin Rowland had been
stalking Lauren, tracking her whereabouts and using this information to manipulate and control
Lauren. In fact, GA Jackson told AC McCarthy and RD Thompson that Alejandra also feared
that Melvin Rowland was stalking her and keeping tabs on her when she was around Lauren.
Additionally, GA Jackson told AC McCarthy and RD Thomson that Lauren was acting
out of character, that she was exhausted most of the time, that her demeanor had changed, that
she was not taking care of herself or eating right and that she had unexplained bruises on her

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 body, which indicated physical abuse.
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Finally, GA Jackson told AC McCarthy and RD Thompson that Melvin Rowland had
been living with Lauren at the Shoreline dormitory and that he planned to acquire a gun to keep
with her on campus, which indicated an escalating pattern of violence and risk.
In response to the information that they had obtained from GA Jackson at the area
meeting, AC McCarthy and RD Thompson claimed that there was nothing that the University
could do about the situation due to privacy concerns and thus suggested waiting until Lauren
reached out for help. GA Jackson objected to waiting, so AC McCarthy and RD Thompson
placated her by claiming that they would review the situation with Associate Director Leadership
Team (“ADLT”), Todd Justensen (“Justensen”). McCarthy and RD Thompson also said that they
would consider follow up with regard to the guest policy and counseling with regard to the
implications of possessing a firearm on campus. AC McCarthy and RA Thompson then asked
GA Jackson to “keep an eye” on Lauren and to initiate an electronic CARE referral so that the
CARE team could discuss Lauren’s situation at the upcoming CARE meeting, which was
scheduled for October 8, 2018.
This proposed course of action was clearly unreasonable in the light of the known
circumstances as it in no way addressed the dating violence, domestic violence, sexual
harassment, stalking and other abuses by Melvin Rowland, who was a non-student continuing to
freely access campus to commit these crimes and abuse against Lauren without any efforts by the
University to stop him.
Upon information and belief, technical difficulties prevented GA Jackson from

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submitting a CARE referral, so she sent AC McCarthy an email instead on October 2,

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2018.

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Sometime thereafter, upon information and belief, AC McCarthy shared the information
that she had learned about Lauren’s situation to ADLT Justensen and the Assistant Director of
Residential Education (“ADRE”); however, no action was taken and only empty promises were
made indicating that the University would “keep Lauren on their radar.”
The Department of Housing did not keep Lauren on its radar, and neither AC McCarthy
nor RD Thompson followed up with Lauren regarding the guest policy or the implications
associated with possessing a firearm on campus. Indeed, no University officials followed up
with Lauren in any regard.
Melvin Rowland Escalates his Dating Violence, Domestic Violence, Stalking,
Sexual Harassment and Abuse of Lauren McCluskey
Sometime between October 3 and October 4, 2018, Lauren discovered that Melvin
Rowland had been using a fake name and that he had lied about his age. Lauren confronted
Melvin Rowland with the information that she had discovered and learned that Melvin Rowland
had many identities. Upset and afraid, Lauren immediately left the campus for Washington State
to visit her family during fall break on October 5, 2018.
From October 3 through October 8, 2018, AC McCarthy and RD Thompson met with the
Assistant Director for Conduct Management (“ADCM”) and other Housing Department officials
to conduct various reviews. Again failing to act upon a third party’s report of dating violence,
these officials took no action to protect or otherwise assist Lauren, or even investigate or pass the
report to campus security or law enforcement.
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Additionally, on October 8, 2018, the Department of Housing cancelled a previously

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scheduled CARE meeting intended to
address
Lauren’s
situationMcCluskey.docx
and to develop a follow-up
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9 a.m.
FINAL COMPLAINT.
plan. Accordingly, the University and its officials failed to develop any follow-up plan and no
further action was taken despite the ongoing risk to Lauren’s safety. Indeed, no University
official or representative kept an eye on Lauren or successfully reached out to Lauren to see if
she needed help, nobody confronted Lauren about the guest policy so that Melvin Rowland could
be removed from the dormitory and from campus, nobody counseled Lauren with respect to the
implications of having a gun on campus so that Melvin Rowland would not have easy access to a
gun on campus and nobody otherwise investigated the reports of stalking, harassment or other
potential acts of domestic violence and dating violence, which were strongly indicated by the
multitude of common warning signs, to ensure Lauren’s safety and well-being. Finally, nobody
from the Department of Housing ever contacted the University’s Department of Public Safety
(“UUPS”) to report that Melvin Rowland was stalking, sexually harassing and possibly also
physically abusing Lauren as part of an escalating pattern of dating violence and domestic
violence and that he intended to bring a gun on campus.
Indeed, upon information and belief, the Department of Housing had a policy of calling
UUPS only as an absolute last resort, even in a dangerous situation, because UUPS had a
reputation for rarely responding to calls for assistance and, even when officers did respond, they
were often unhelpful and their tactics were routinely counterproductive.
Understandably suspicious after discovering that Melvin Rowland had lied about his
name and age, Lauren and her friend, Regina Snyder, investigated the matter while in

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Washington State on fall break. After

performing a cursory search for Melvin Rowland’s

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 name on the internet, Lauren and Regina were horrified to discover that Melvin Rowland was a
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violent felon and convicted sex offender. Realizing that she needed to end her relationship with
Melvin Rowland immediately, but afraid that he would react violently, Lauren consulted
Alexandria, who advised her to break off the relationship in a public place for safety purposes.
Alexandria updated Alejandra and Carmen, who were also away on fall break.
Lauren returned to campus on October 9, 2018, with a plan to break off the relationship
with Melvin Rowland in a public place. While waiting for him to arrive, Lauren was talking to
Alexandria on the telephone and she became both started and frightened when she observed
Melvin Rowland peering through her window. Accordingly, Lauren opened the door and
confronted Melvin Rowland, intending to end the relationship then and there. However, Melvin
Rowland entered Lauren’s room without permission and demanded to know who Lauren had
been speaking with on the telephone. He effectively held Lauren hostage in her dorm room by
refusing to leave and aggressively choosing to stay through the night. During that time, Melvin
Rowland tried to manipulate Lauren by claiming he had not committed the crime for which he
was convicted and that he had been set up.
Fearing for Lauren’s safety, Alexandria tried to stay in contact with Lauren by telephone
through the night. According to Alexandria, Lauren sounded scared and could not speak openly
because Melvin Rowland would only allow her to use the telephone when he was present to
control her. In an attempt to get Melvin Rowland to leave peacefully the next day, Lauren lied,
told Melvin Rowland that she needed to go to track practice and offered him her car to run some

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errands.

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 Later that evening, Lauren received text messages, purportedly from Melvin Rowland’s
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friends (which she suspected were most likely from Melvin Rowland himself), telling Lauren
that she had broken Melvin Rowland’s heart, indicating that Melvin Rowland knew she had lied
about going to track practice and offering to return Lauren’s car on Melvin Rowland’s behalf.
Among other things, the text messages were harassing, threatening and abusive, saying: “Hey
Bitch your car is @ Stadium Key in passenger seat on floor. This was only a favor for Sean. He
never told you he is in the Military reserves like us. Good luck idiot!” and “Go kill yourself.”
Through information and belief, Melvin Rowland’s electronic communications with
Lauren originated on or within the immediate vicinity of the University of Utah campus,
concerned events occurring on campus and specifically targeted a student living on campus.
Through information and belief, Melvin Rowland used the University of Utah’s wireless
network in communicating electronically with Lauren.
On October 10, 2018, Melvin Rowland called Lauren offering to return her car in person.
Afraid that Melvin Rowland was trying to lure her to an isolated area and fearing for her safety,
Lauren called her mother, Jill McCluskey (“Mrs. McCluskey”) who in turn called UUPS. Mrs.
McCluskey, who was very upset and worried, explained the circumstances, told UUPS that
Melvin Rowland was a sex offender and requested a police escort to help Lauren safely recover
her car from Melvin Rowland. UUPS transferred Mrs. McCluskey to campus security, who
arranged and provided a security escort, and Lauren retrieved her car without incident, but
neither UUPS nor any other official from the University provided any follow-up to address the

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pattern of stalking, harassment, domestic violence, dating violence or the ongoing and
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escalating risk to Lauren.

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On October 11, 2018, Lauren6.27.19.
received
more text messages, purportedly from Melvin

Rowland’s friends (which she suspected were most likely from Melvin Rowland himself),
indicating that Melvin Rowland was suicidal, that he had been in an accident, that it was
Lauren’s fault and that Lauren consequently needed to visit Melvin Rowland in the hospital.
Later, Lauren received more text messages indicating that Melvin Rowland had died and that
Lauren needed to go to the funeral. In response, Lauren stated that the police were involved and
to stop contacting her.
Early in the morning on October 12, 2018, Lauren received more harassing text
messages, purportedly from Melvin Rowland’s friends (which she suspected were most likely
from Melvin Rowland himself), indicating that “Shawn is gone because of you! Don’t come to
his funeral. We had his phone texting you. Cold Bitch.” Again, Lauren responded by saying
“Please don’t contact this number. I got police involved.” Lauren then received a response
saying: “So do we.”
UUPS Continued to Act with Deliberate Indifference when Melvin Rowland
Escalated his Criminal Conduct to Murder Lauren
Suspicious that the text messages that she received on October 11 and 12, 2018 were
another attempt to lure her away from campus into a trap, Lauren called UUPS and reported her
concerns regarding the harassing text messages on October 12, 2018.
In response, UUPS acted with deliberate indifference by claiming there was nothing that
they could do to help and advising her to contact UUPS only if the situation escalated, thereby
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ignoring Lauren’s report of stalking, dating violence, domestic violence, sexual
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harassment, and ongoing efforts to potentially lure her into a harmful situation.

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On October 13, 2018, Lauren6.27.19.
contacted
by telephone
again to speak to an officer
9 a.m. UUPS
FINAL COMPLAINT.
McCluskey.docx
with regard to the report that she had filed on October 12, 2018. Lauren explained that the text
messages that she had received on October 11 and October 12, 2018 were in fact sent by Melvin
Rowland rather than by Melvin Rowland’s friends, thereby indicating that Melvin Rowland was
stalking her, harassing her and attempting to lure and potentially hurt her. Lauren also reported
that Melvin Rowland had extorted her and that she had paid Melvin $1,000 that same morning
after he had threatened to publish and distribute a compromising image of Lauren, which he had
obtained without her permission during the course of their relationship and which he used to
control her as part of his pattern of dating violence, domestic violence, sexual harassment, and
stalking. Lauren also told UUPS that Melvin Rowland was demanding another $1,000 to refrain
from distributing another embarrassing and exploitive image that he claimed to have.
Fearing that her reports were not being taken seriously, Lauren then went with Alexandria
to the UUPS building in person on the morning of October 13, 2018 where they spoke with,
among others, Officer Miguel Deras. Despite the fact that UUPS has several private rooms
where they can discuss sensitive matters, the officers stood in front of Lauren and Alexandria
and interviewed them as they sat in the lobby of the station, demonstrating a complete disregard
for the seriousness of the situation. During the interview, both Lauren and Alexandria described
the circumstances in some detail, telling UUPS how Melvin Rowland had lied about his name
and age, how they had discovered that Melvin Rowland was a felon and convicted sex offender,

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how Melvin Rowland had scared Lauren by peeping through her window, how Lauren
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had ended her relationship with Melvin Rowland,

how Melvin Rowland had been stalking and

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harassing Lauren since the breakup, how Melvin Rowland had access to a gun, how Melvin
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Rowland had successfully extorted Lauren by causing her to pay him $1000 not to distribute a
compromising image and how he was currently attempting to extort Lauren again by seeking an
additional $1000 not to distribute another compromising image. Lauren also provided evidence
in the form of text messages and receipts indicating that she had in fact been extorted and she
insisted that Melvin Rowland was the culprit.
UUPS officers ignored Lauren’s report of stalking and sexual harassment and ignored the
warning signs and patterns of domestic violence and dating violence by dismissing evidence that
Melvin Rowland had extorted Lauren with no investigation into the matter and suggesting
instead that Lauren was the victim of an online scam. UUPS also ignored the information
indicating that Melvin Rowland was a “Category I restricted person” who was prohibited from
possessing a gun or from even making arrangements to have a gun under his custody or control.
Despite the fact that Melvin Rowland was not a student at the University of Utah, UUPS
ran a check on Melvin Rowland’s name in the University student database, incorrectly obtaining
a report on a student with a similar name and wrongly concluding that Melvin Rowland “seems
like a good guy.” Again fearing that their reports were not being taken seriously, Alexandria did
a Google search, which immediately provided information to UUPS that Melvin Rowland was a
convicted felon and sex offender.
Accordingly, UUPS ran a criminal history check for Melvin Rowland and discovered his

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history of felony convictions, but failed to notice and/or obtain information regarding his
supervisory status or information that would have otherwise indicated whether Melvin Rowland

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 was currently on parole. This information would have allowed UUPS to take action by reporting
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parole violations and provided additional reasons to detain Melvin Rowland and arrest him.
Despite the fact that Lauren was the victim of the crime rather than a witness to the
crime, the officers asked Lauren to complete a witness statement. Through information and
belief, Lauren indicated that Melvin Rowland had access to a gun in her witness statement – key
information indicating the serious risk to the campus community by Melvin Rowland’s ongoing
presence. As she was completing the witness statement and attempting to provide thorough and
complete information, the officers rushed Lauren to finish up, telling her that they were only
concerned about the extortion and that she could just leave everything else about the stalking,
harassment, domestic violence and dating violence out of the statement. As Lauren and
Alexandria were leaving, the officers told them that they would follow up by October 16, 2018.
The officers then contacted the on call detective, Kayla Dallof, who asked the officers to forward
the file and to obtain more information about the concerns. Lauren provided additional
information about the extortion to UUPS later that afternoon, along with a message indicating
that she was being threatened and blackmailed. Detective Dallof notified Detective Sergeant
Kory Newbold of the investigation.
Based on the reports alleging stalking, harassment and other crimes that qualified as
domestic violence and dating violence, UUPS was required by law to, among other things, “use
all reasonable means to protect the victim and prevent further violence” and to “arrange,

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facilitate, or provide the victim with immediate and adequate notice of the rights of
victims and of the remedies and services available to victims of domestic violence,” including
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but not limited to information sufficient to obtain an order of protection or a stalking injunction

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from the courts. Utah Code § 77-36-2.1; see also Utah Code § 76-5-106.5(17); see also 78B-7408. However, UUPS did nothing to protect Lauren or to prevent further violence. Moreover,
UUPS failed to arrange, facilitate or provide any notice to Lauren of her rights as a victim or of
the remedies and services that were available to her.
Still concerned that UUPS was not taking her reports seriously, Lauren called the Salt
Lake City Police Department (“SLCPD”) later in the evening on October 13, 2018 to report her
concerns regarding Melvin Rowland and her concern that UUPS had taken no action in response
to her criminal complaint, but SLCPD merely transferred Lauren back to UUPS, who told her
that her assigned officer would follow up.
On October 15, 2018, Lauren tried to contact UUPS, but no one at UUPS expressed any
familiarity with her case.
That same day, GA Jackson received an update from Alejandra and Carmen, who had just
returned from fall break. Alejandra and Carmen told GA Jackson that Melvin Rowland had lied
about his name and his age, that he was a convicted felon and sex offender, they told her about
the break-up, about the incident where Lauren needed a security escort to recover her car, about
the harassing text messages and about how the police were now involved. Alejandra and
Carmen continued to give GA Jackson frequent updates in the days that followed and during a
subsequent conversation, they told GA Jackson that Melvin Rowland had extorted Lauren.

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Despite instructing GA Jackson to “keep an eye” on Lauren, nobody from the
Department of Housing ever followed up with GA Jackson or with anyone else to get an update.
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Furthermore, GA Jackson did not share any of the updated information that she had received

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with the Department of Housing or its
officials
she mistakenly
believed that there was
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FINAL COMPLAINT.
McCluskey.docx
nothing that the University could do about the situation based on the Department of Housing’s
initial dismissive response.
On October 16, 2018, Lauren expected UUPS to follow up and provide an update as
promised, but nobody contacted Lauren. Indeed, from October 16 through October 19, 2018,
UUPS did nothing to investigate and took no action with regard to Lauren’s case even though
Lauren continued to send information to UUPS about her concerns during that period of time.
On October 19, 2018, Lauren started receiving text messages indicating that Melvin
Rowland knew about her contact with the police and Lauren feared that an insider at UUPS had
been secretly leaking information to him. Among other things, the text messages said: “What
did you tell the cops?” “We know everything!” and “Setting up people wasn’t enough. Your Sex
Offender ex-boyfriend. It will go viral today!”
Accordingly, on October 19, 2018, Lauren called SLCPD again concerned that UUPS
had not followed up regarding her case. Lauren also expressed concern that a potential insider at
UUPS had been providing information to Melvin Rowland. SLCPD then told Lauren to contact
UUPS and to speak with the detective in charge of her case.
Accordingly, Lauren contacted UUPS as SLCPD had advised her to do on October 19,
2018. She told UUPS that Melvin Rowland knew about her contact with the police – clearly

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indicating that Melvin Rowland had been monitoring Lauren and her communications
and continuing to stalk her. Lauren also told UUPS that her parents were worried about her,
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hoping that the information would cause them

to take her case more seriously. In response,

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Detective Dallof informed Lauren that she was out of the office on vacation, but would be back
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to follow-up on October 23, 2018. Detective Dallof also told Lauren to forward all
communications from Melvin Rowland in the meantime and to contact UUPS if she received any
communications that appeared to be an attempt to lure her somewhere. Among other things,
Lauren sent Detective Dallof an email with a screen shot indicating that Melvin Rowland was
aware of her attempt to involve the police. On October 20, 2019, Lauren sent Detective Dallof
more information regarding Melvin Rowland’s criminal history and offender details.
On October 22, 2018, Lauren received a text message, purportedly from the deputy chief
of UUPS, which said: “Good Morning Lauren this is Deputy Chief Mclenon with the University
Police. I plan on calling you but I’m in a meeting at the moment. Can you come to the station as
soon as possingle [sic] there is something you need to see. I will go over the detail when we you
[sic] get here. Thanks.” Recognizing the text message as a potential attempt by Melvin
Rowland to lure her away from her dormitory, Lauren called UUPS to speak with Officer Deras.
She left messages three times over a two-hour period until he finally called her back and she
forwarded a screen shot of the text message via email to Detective Dallof. Officer Deras
identified the text message as a fake and told Lauren not to respond, but UUPS otherwise did not
investigate the matter and took no action in response to this violent felon and sex offender’s
attempts to lure Lauren away from her dormatory by impersonating a police officer.

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Indeed, despite instructing Lauren to send information to her email, Detective Dallof
failed to check her email and did not receive Lauren’s report indicating that Melvin Rowland had
attempted to lure her away from her dormitory
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by impersonating a police officer and thus UUPS

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 took no meaningful action despite this serious situation.
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On October 22, 2018, the Department of Housing finally held a CARE meeting to discuss
Lauren’s situation, but nobody at the meeting had investigated the matter, therefore nobody had
any additional information about recent events and, as a result, no action was taken by the
University or its officials. Indeed, the Department of Housing had not invited GA Jackson to
participate in the CARE meeting. Moreover, despite asking GA Jackson to “keep an eye” on
Lauren, nobody from the Department of Housing contacted GA Jackson to see what she had
learned or to see whether GA Jackson had acquired additional information about the situation.
Later in the evening on October 22, 2018, Melvin Rowland stalked Lauren, hunted her
down on the University campus and attacked her as she was returning from class and talking to
her mother, Jill McCluskey, on the telephone. Both Mrs. McCluskey and Mr. McCluskey heard
Lauren shout “No! No! No! No!” as a struggle ensued. Terrified, Mr. McCluskey called 911 to
express his fear that Melvin Rowland had kidnapped Lauren and was transferred to UUPS. In
fact, Melvin Rowland had grabbed Lauren, forced her into a car that he had borrowed from a
friend, shot her seven times and left her to die. Melvin Rowland then called another woman who
came to pick him up, took him out to dinner and took him back to her home where he took a
shower.
That night, UUPS finally investigated Melvin Rowland and discovered that he was on

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parole, that he had multiple telephone numbers, that his telephone numbers had been used
to harass and extort Lauren, that he had borrowed a gun and a car and that he was expecting the
police to arrest him for extorting Lauren. When UUPS located Melvin Rowland using his
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 telephone, he ran and they pursued him into a church near the University where he committed
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suicide by shooting himself in the head.

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