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Jones' suit targeted Ramapo College and several of its trustees, the president, acting dean of students, former Title IX coordinator and public safety director, who each claimed immunity as an arm of the state.
Five former students, including a woman, were charged with taking part in the videotaped attack.
Sommers and Rainone are each charged with endangering an injured victim and invasion of privacy, third degree shinko hookup.
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The victim, a sophomore honors student at the time, left Ramapo and is not currently in college, Whalen said.
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The same applies to Ramapo, compelling a conclusion that its status under state law weighs in favor of finding that it is an arm of the state.
Lawyer Patrick Whalen argued Tuesday that Ramapo College of New Jersey created a dangerous environment by failing to monitor fraternities and underage drinking.