Chapter 1: What are the content warnings for this episode?
Something Was Wrong is intended for mature audiences and discusses topics that may be upsetting. Please consume with care. This season discusses sexual, physical, and psychological violence. For a full content warning, sources, and resources, please visit the episode notes. Opinions shared by the guests of the show are their own and do not necessarily represent the views of Broken Cycle Media.
The podcast and any linked materials should not be misconstrued as a substitution for legal or medical advice. The university's responses to our outreach for comment are included within our reporting this chapter. Thank you so much for listening.
think you know me you don't know me well at all you don't know anybody till you talk to someone last time on something was wrong
When my case made it past screening, that's when they felt like they have enough evidence that they could make an arrest. My prosecutor prepared me that the first plea deal that they would present would be something ridiculous. And then we just negotiate that over the course of months and months. Eventually we settled that he would be on the registry for 10 years.
The jail time that we agreed to was 30 days. When I got in contact with my victim advocate, Alex, about a year into the process, I was telling her about it and she was just floored by what had happened. She was the one that put me in contact with my lawyers for my civil case.
Here's Marissa.
As the civil process started, I was warned that it would take a long time. Civil cases can take years. And that's what ended up happening with me. The three entities that we decided to sue were the University of Utah, Utah Valley University, and the Board of Higher Education. They put the Board of Higher Education in there because the Board of Higher Education is over all of the schools.
We definitely thought that there should have been some communication through the University of Utah and UVU about my situation. Instead of them sending me on a goose chase to all of these different places, they could have simply sent an email and said, this is what's going on.
I think it's really important that that's available to students because these universities are so close and there are people who take classes at multiple universities. There just should be some oversight in that way. A few months in, the judge dismissed Utah Valley University and the Board of Higher Education from my lawsuit. So all that was left was the University of Utah.
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Chapter 2: How do universities respond to reports of sexual assault?
A deposition is basically when the opposing side gets to take your statement. It's recorded and they try to ask you questions, but your lawyer is there and your lawyer can object to questions that are asked, but you still have to answer them. And that's just later for court. where they can comment that they already objected to that question that was asked.
So I had a deposition with a lawyer for the University of Utah. There were two other people there who were higher up at the U. And I had my lawyer there and assistant advocate It was hours long. When I was deposed, I was nervous because I felt like they were going to try to use my words against me. Luckily, I had really good lawyers and they prepared me really well.
During my deposition, they were trying to make the point that I wasn't a student there and that their responsibility was not mine. To me, I tried to make it clear to them that there were so many things that I did on that campus. And also the bigger picture that this person was not safe on their campus and they really didn't care.
So going through that deposition obviously was hard because it brings up old feelings. Preparing for it too is hard because you have to go through everything. You have to remember things that a traumatized brain tries to understand.
delete so I think that that made it really hard but I do feel like that I was as prepared as I could be and my lawyers were really good at helping me they were really good at objecting when they needed to so that was really helpful So I had that deposition and I felt pretty good about it. And then they also deposed my friend who was with me at the Title IX meeting with the University of Utah.
And then our side gets to depose their side. So they deposed the woman that I met with at the Title IX office, one of the football coaches and the associate athletic director over the University of Utah. I just wanted to share a couple of things that we found out through the deposition in the interviews with the football coach. A couple of his comments that were interesting.
He said they are high profile student athletes and these athletes, sometimes people say things that are not true. And so when we hear of things like this that may happen, that forces us to take different responses for things. My lawyer asked him, at any point, did anyone ask SL if he had done it, what he was being accused of? And by anyone, I mean anyone on the football team.
And he said, I can't answer that. She said, why? And he said, because I don't know. This type of conversation doesn't proceed unless the coach asks him, hey, did you do this or not? Because obviously, if you do this, you're gone. You're out of here. At this point, he had not... And then he paused. We're only as good as the information that we're receiving.
And whether he lied to us or not, that's something different. But all we can do is take the information that we had on hand. And we know that through this conversation that he has some kind of representation. So therefore, we're asking for the lawyer to provide us with some kind of information so we can make a decision on what we need to do.
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Chapter 3: What challenges do survivors face during legal proceedings?
I think that if they cared about more than just their football team and winning and what the best thing was for their team, they would have seen that he was clearly not okay. And they could have taken action on that. And that could have probably prevented what happened to me because he would have had help that he needed earlier.
I just think that it's very negligent to ignore these signs and ignore that someone is clearly not keeping up with the standards that you've set out for them. Then my lawyer talked with the coach about why SL was living at home. He had told me that he was living at home because the coaches and his parents thought that that was going to be the best option for him to kind of stay accountable.
In the deposition, the coach had said that they can't force him to live at home, but they can highly recommend it. And in my opinion, if they're going to highly recommend something, he's going to do it. And that just shows more of the university, specifically the coaching staff, having a power over him, even if it's off campus.
Throughout the civil process, there were text messages that came up and when they would text him, they would say, hey, what's going on with the situation? Hey, what's going on with the thing? They would never acknowledge it for what it was. They wouldn't even say, hey, what's going on with the investigation? That really just takes away from the seriousness of it.
They kind of view it as this thing like, hey, is it done yet? Has it been swept under the rug yet? That's my interpretation of the messages that I read. So all this information came to light. He was continually breaking the rules and they just let it slide. And it worries me for their campus. It worries me for other women around there because he's one of how many football players?
That's not to say every single athlete is bad. My husband played basketball in college. He would never dream of doing something like this. But when you have three people who are being investigated for sexual misconduct in six months, I think that that is reason to put a little bit of a closer eye on things that are going on with your players.
Well, it seems like a sign that also within that system or team or department that perhaps whatever the consequences are, are not significant enough to deter athletes from making these horrific choices.
Exactly. And it's not like this was the first time and it won't be the last. And clearly, exactly what you're saying, there has been no sort of discipline that has been clear enough to these players.
Lately, I've been thinking a lot about how homes actually function for our lives, not just how they look, but whether they're working for us day to day. And that's what's appealing to me about Wayfair is how accessible it makes that process. You don't have to have a huge budget or a full design plan. You can just start where you are and find pieces that fit your style and your space.
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Chapter 4: How does the deposition process affect survivors?
My lawyer was trying to say that they didn't even know if I was affiliated with the university because they didn't ask. And during these intake appointments, these are things that you would usually try to inquire about and figure out ways that you can help. They didn't even ask the proper questions in the first place to understand the context behind the assault.
So they didn't even know exactly where the assault had even happened. My lawyers just made a huge point that they didn't even ask the questions to understand if their campus was in danger or if there was something that they could do to keep their students safe. Throughout this civil process, these were things that I found out.
Seeing all of these things come to light during the investigation, it kind of added insult to injury and it further traumatized me because I saw just how much that could have been done to help him get to a healthy place. Towards the end of my civil case, there was a Supreme Court ruling that barred emotional damages in Title IX cases.
This basically just means that you can't put a price tag on someone's emotional damage anymore in Title IX cases. And this is a huge deal because most of the damage done was emotional. What they do in these situations is your lawyer pays experts to come in and kind of see the psychological damage that these traumatic experiences give you.
They can kind of explain this is where she was as a person and this is where she is now because of these experiences. I don't think that everyone knows this, but you can put a price tag on that. For example, I was in school at this time and I was on a good path in school. But because this happened, I was deterred. School is going to take a lot longer. It's going to be a lot more expensive.
I decided not to go into the field that I was going to go into. And so all of that is lost money for me. And that's all considered emotional damage. And so when the Supreme Court barred that, that was beyond detrimental to all Title IX cases. So I knew when that happened that I probably wouldn't have the best chance of my case moving forward. But obviously, I still had hope.
The point that we got to with my case was the University of Utah filed a motion to dismiss Basically what that means is the judge goes through the information that we have and decides whether or not I have a good case. So they sent forward my case for summary judgment is what it's called. Literally, it takes months.
The judgment that came back was basically that the University of Utah didn't have any control over the context of my assault. And that because it happened off campus, they didn't have control over SL or his choices.
The judge on my case was on my case throughout the whole entire thing when Utah Valley University and the Board of Higher Education were dropped and then when the University of Utah was dropped.
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Chapter 5: What insights were gained from the Title IX process?
This took place at the 3rd District Court in West Jordan, Utah. And this is what I said. I want to thank you for giving me the opportunity to be heard today. I am here to strongly oppose SL from being released early from probation. It was just a few years ago I stood and gave a statement about the impact his actions had on me.
The impact of his crime against me is something I think about every single day and I will carry for the rest of my life. What happened to me was not just a single night. It has changed every part of who I am. Not only was I raped, but throughout the investigation and in the time that followed, I was subjected to ridicule, gossip, and persistent attacks on my character by his friends and family.
Because of the rape, I still live with fear, anxiety, sleepless nights, and flashbacks. I am in intensive therapy that takes up several hours each week. This takes away from cherished time with my husband and two-year-old daughter. It has affected my relationships, my ability to feel safe in my own community, and my ability to trust others and even myself at times.
I share this to emphasize that while I continue to live with the ongoing consequences of his actions, he too should be required to live with the accountability of his sentence for its full duration. Two more years of probation is not excessive when measured against the lasting impact I carry.
During the course of plea negotiations, there were extensive discussions on both sides before a resolution was reached. Ultimately, both parties agreed to a plea agreement in which SL accepted a sentence of four years probation. I believe it is important that the agreement be upheld.
Granting early release would not only minimize the seriousness of harm he caused, but it would also send the message that my pain and safety do not matter as much as his convenience. SL stated that substances were a large part of the context behind his assault against me. For as long as I have known him, he has consistently struggled with substance abuse.
I do not believe there has been meaningful change. From what I understand, he continues to associate with the same individuals connected to those behaviors. Given the length and depth of his struggles, I think that it is unrealistic that these patterns could be overcome and resolved within just two years.
Honoring the four-year probation that was agreed upon provides the additional time necessary to hold him accountable and support his sustained recovery. I want the court to know that I genuinely fear what might happen if he is allowed into the community without completing the full measure of his probation.
I respectfully ask the court to uphold the original terms of probation as they were mutually agreed upon. I do not believe he has demonstrated the accountability, progress, or change that would warrant an early release.
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Chapter 6: How do societal perceptions impact victims of sexual assault?
So many outcomes that I had hoped for never came. The reason that I'm sharing this is there were so many times that I had to fight for myself because no one else was going to. I want people to know that their voice truly matters. Even if the outcome doesn't reflect the truth, the truth still matters. I've had to mourn the person that I was before the rape and really before all of this.
And that's a version of me that I will never know again. I miss her, but I honor her by using my voice when there are thousands of other women who don't get to use theirs. I want to do this so that other women know that they're not alone. I know that so many women go through this and it's so important to me that they know that there is help out there. If one door closes, another door will open.
You might just have to shove it open. And I really just want everyone to know that the most important thing is not necessarily getting justice because a lot of times we don't get justice. But the most important thing is using your voice because that builds confidence in yourself. And that is usually what is destroyed when someone sexually assaults you.
My voice was taken from me that night and throughout this process. But I fought so hard to get it back. And now I'm going to make sure that all of the people who were negligent in doing their jobs hear me. So I just really want everyone to know that even though something terrible happened to you, that doesn't have to be your story. Your voice matters no matter what.
And the truth matters no matter what.
What has been the most positive outcome that you've seen since speaking out?
I think that the most positive thing that has come from this is definitely the confidence that I built back in myself. I have always been a people pleaser and for me to stand up for myself and make other people uncomfortable has really helped me in my healing journey. Another really positive thing, I've had so many people show up for me.
I especially feel like my mom, she showed up for me in so many ways. She was constantly there. Calling police sergeants, calling lawyers, calling neighbors, whatever she could do to help. That was something I wasn't capable of in the moment. And so I was really grateful that she was there for that.
Another really positive thing that has come from it is me being able to communicate with other victims of sexual assault. Since this came out, it was very public. And I've had hundreds of messages from women who have had a similar situation, either with a different university's Title IX office, with a sexual assault, and even some with the University of Utah's Title IX office.
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Chapter 7: What are the emotional consequences of navigating the justice system?
You have to keep a lot of things kind of under wraps just for the legal system to keep the integrity of your case. Now that the court proceedings are over and I'm able to talk about it from my perspective and my truth, it's been so refreshing to see the support that I feel like I didn't really have during the court process. It's been really refreshing for me to be able to tell
my side and talk about it a little more and to have that support. I know how much you've talked to me and how much emotional energy you've put into me. I just can't imagine how often you do this and how much you do this and the toll that it must take on you emotionally and physically. And I don't even have the right words to express my gratitude for you.
You make such a difference in people's lives. And I'm so grateful for everything that you do.
Thank you so much for saying that. It's truly an honor and I appreciate so much your kind words. Next time on Something Was Wrong.
I learned that he was going to be at this party that I was going to that night. He kept it very casual, very cool. So I didn't really suspect that there was an ulterior motive. Sorority sisters were saying like, hey, what happened between you and Justin? We're hearing stuff. Yeah.
I was being portrayed as someone that was easy and fast, and I did not like that because that's not what had happened. I did not choose to give myself to him. He took it. I was getting acquainted with the word rape as it relates to what happened to me, and I had come to terms with it and was ready to take steps.
I think the fraternity president spoke to him and was like, we can't have you in our fraternity. So I think it tipped him off. He was mad. It was a case of, if she's going to take me down, I'm taking her down with me.
The following is University of Utah's reply to our request for comment. Quote, Utah Valley University student Marissa Root reported being sexually assaulted by a University of Utah football player at an off-campus party in 2019.
After Root made an initial report to the University of Utah's Office of Equal Opportunity, staff repeatedly reached out to her to try to ascertain the name of the perpetrator. When the University of Utah learned the alleged perpetrator was football player Sione Lund, he was suspended and removed from the team. Lund pled guilty and was sentenced in 2023.
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