Lawsuit Targets University's Handling of Student's Missing Items

Daniel Julius recalls his daughter Rachel as a "beautiful, wonderful young woman," who loved dancing and cared deeply for animals and the environment.

He says he chooses those memories over the lingering thoughts of a "tortured" Rachel Julius struggling for five months after a 2009 drug overdose that eventually killed her.

Daniel Julius' pain stretches deeper because of what he claims was a concerted effort by Benedictine University to dispose of Rachel's belongings, including her personal journal, from her campus apartment.

Julius' description of Rachel and allegations against the school are contained in court documents in two different lawsuits related to Rachel's death.

Earlier this month, a judge issued a default judgment against the man who, according to the Julius family, supplied Rachel with cocaine, Oxycodone and marijuana the night of her overdose. Julius sued Terry A. Taylor for wrongful death, but Taylor never responded to the lawsuit, leading to the judge's decision.

Then, on April 7, Julius—a former Benedictine administrator—sued Benedictine and four officials claiming they took Rachel's items while the DuPage County Sheriff's Office investigated her death and then lied about what happened.

The officials did so, the suit alleges, because Daniel Julius had complained about a professor's harassment of Rachel—something he viewed as retaliation for an administrative decision he made against the professor during his employment at Benedictine.

The university has viewed the lawsuit, but spokesman Mercy Robb declined to comment on pending litigation. Last week, Robb told Benedictine's school newspaper, The Candor, the university regretted Julius' decision to sue the school and is confident it will prevail in the case.

Daniel Julius, currently an administrator at the University of Alaska, could not be reached for comment this week.

'The Light of Our Lives'

Rachel Julius died four days before her 26th birthday in September 2009.

"Her loss is inestimable for my wife and me," Daniel Julius wrote in a 90-plus-page affidavit supporting his request to rule against Taylor in the wrongful-death case.

Rachel was "the baby of the family" with two older siblings, who were also stung deeply by her death, as was their mother who Daniel said couldn't bear to relive the situation by composing her own affidavit. Aside from Daniel's grief-riddled words, the affidavit includes dozens of pages of medical bills totaling nearly $705,000 for Rachel's medical care.

On April 22, 2009, Rachel was a Benedictine student living in her university-run Founder's Woods apartment when Taylor either called or sent a text message to Rachel that said, "I got some Oxy," an apparent reference to Oxycodone, the lawsuit states.

That night, Rachel and Taylor met up at his Lisle apartment, where she overdosed on an drug mix that included Oxycodone and cocaine, according to court documents that claim Taylor didn't act fast enough to help Rachel when she suffered a "severe physical reaction" to the drugs.

Rachel was in cardiac arrest and had respiratory and renal failure when she arrived at Edward Hospital in Naperville, documents state. Her recovery started there, but Rachel was later moved to California to be closer to her family. Daniel Julius described his daughter as a "prisoner in her own body ... tortured by her injuries."

All of it because of Taylor's action and inaction, the 2010 lawsuit against Taylor claims.

"Terry Taylor did not call for medical assistance for several hours," records show. "(He) waited several hours ... because he knew that he had supplied the drugs."

Rachel died on September 8, 2009.

Taylor has not been charged with any crimes related to Taylor's overdose or death, according to court records.

Since Rachel's death, Taylor has twice been arrested in connection with cocaine possession charges. He pleaded guilty in March to a 2010 charge of possession of a controlled substance and was placed on probation. Within days of the plea agreement, Taylor was arrested again on a similar charge. That arrest now has prosecutors looking to revoke Taylor's probation and have him resentenced in the original case.

Taylor has pleaded not guilty to the new charge and is due in court this month.

Lawsuit: Missing Items Part of Conspiracy

Sheriff's Office investigators made two trips to Rachel's apartment after her overdose, and noted her laptop computer, digital camera, passport and "personal journal" were not there when they returned on May 1, 2009.

Daniel Julius' suit against Benedictine alleges that between April 22 and May 1, 2009, school officials Donald Baron, Michael Salatino, Charles Gregory and Don Stange agreed to intentionally get rid of Rachel's possessions because of the role they could play in a potential lawsuit over the harassment Rachel had received.

Additionally, the school officials gave inaccurate or erroneous information to the Julius and the Sheriff's Office when questioned about the items' whereabouts, the lawsuit claims.

Salatino said the items were "accidentally disposed" and "fell into garbage inadvertently;" Gregory said housekeeping "accidentally disposed" of Rachel's things; Stange told investigators he and Baron took the items and got rid of them, records state.

However, everything but the journal was found on May 1, 2009 at the Benedictine University Public Safety Office. Two days later, Baron told investigators he heard Salatino tell Stange to "get rid of Rachel's property," the lawsuit alleges.

Rachel's journal had her "feelings and thoughts" on her personal life and health, Benedictine and "various academic issues" with school officials, the suit states.

The journal, which has not been returned, "contained information about Rachel's depression about the failing or poor grade" given to her by the professor accused of "a pattern of harassment." The professor is not named as a defendant in the suit.

University officials willfully violated Rachel's privacy by taking the journal without permission as part of "offensive and objectionable conduct" that caused emotional distress to the Julius family, the suit against Benedictine states.

The family "had an absolute and unconditional right to the immediate possession of the journal," records show.

Julius alleges officials looked at the journal and tried to conceal or get rid of it because it would be evidence in a "potential civil lawsuit" relating to the school's handling of the harassment complaints.

Benedictine has not yet filed a response to the allegations. The case is scheduled for a hearing in July.