Courtesy of the Florida Department of Corrections
By Emily Wunderlich
The university has reached a settlement agreement in a lawsuit that alleges negligence after a female student was accosted in the campus parking garage.
The lawsuit, filed in Pinellas County Circuit Court in June 2017, contends that the woman – identified as L.E. in court documents – was “sexually assaulted” by a man who masturbated behind her in a parking garage elevator on the afternoon of Feb. 22, 2016.
It contends that the university and campus police “failed to provide adequate security” or warn her of past and potential crimes in the area.
On Dec. 5, attorneys on both sides reached a “complete settlement” on all claims, according to a report filed by Donna Tisch Inc., a Sarasota-based court mediator.
The court file does not disclose the terms of the settlement. But it indicates that the university’s insurance carrier was scheduled to attend the mediation conference.
Carrie O’Brion, director of marketing and communications for the university, said Friday that USF’s general counsel was not immediately available to discuss the case.
While the university acknowledged that L.E. was a victim of “lewdness and/or indecent exposure,” it tried to convince the court to dismiss the case on the grounds that the student had not been sexually assaulted under the definition of federal law.
The university also argued that as an agency of state government, it had “sovereign immunity” and was protected from a civil lawsuit.
The doctrine of sovereign immunity stems from a longstanding tenet of English law that the sovereign – or government – can do no wrong.
The incident occurred around 4:20 p.m. on Feb. 22, 2016. L.E. was leaving campus after class when she noticed a man later identified as Willie Fudge III masturbating behind her in one of the parking garage elevators.
When the elevator stopped on the fourth floor, a police report says, L.E. “felt a breeze behind her and something wet touch her buttocks area.” Security video later showed Fudge bending behind her, “possibly recording her personal groin area … and lifting her dress from behind.
Fudge, a non-student of the university who lived nearby, was reported on campus three other times that week.
Campus police caught up with Fudge several days later, when St. Petersburg police arrested him on a charge of domestic battery against his former girlfriend that was later dropped.
Fudge, now 28, was arrested seven days after the parking garage incident. He was charged with one count of exposure of sexual organs — a misdemeanor — and four counts of battery, for touching a person against her will. He was not charged with sexual assault.
The parking garage charges, plus an earlier conviction for grand theft, landed Fudge in the Pinellas County Jail between May 27, 2016, and Feb. 27, 2017.
He was returned to jail July 3, 2017, for violating his probation and then sentenced to 18 months in state prison, with credit for time served in the county jail.
After his release on Feb. 27, 2018, Fudge was arrested again on Sept. 18, 2019, on a petty theft charge. He posted bail and was released the following day.
Court records show he pleaded guilty to the offense and was sentenced to two days in Pinellas County Jail, with credit for time served.
University Police Chief David Hendry reminded students that the USF Safe App is available for free download on the UPD website. He also encouraged students to report suspicious people and incidents to the university police at 727-873-4444.
“I encourage our campus community to always be alert to their surroundings, trust their instincts and have a personal safety plan, walk in lighted areas with others after dark, and to immediately report suspicious persons and situations to the police.
“Additionally, the University Police have made available a wide array of safety and preparedness resources on the website. Everyone should know that UPD is available 24/7 for any assistance,” he said.
