Former ‘Nova student pleads to campus sexual assault
Seven years of probation and lifetime registration but no jail time
By Alex Rose | arose@delcotimes.com | The Delaware County Daily Times
A former Villanova University student was sentenced to seven years of sexual offender probation Monday after pleading guilty to a charge of sexual assault that took place on the campus in August 2022.
Elijah J. Katzenell, 22, of Clarksburg, Maryland, was also ordered to register for life as a sexual offender under the negotiated plea worked out by Assistant District Attorney Meaghan Rafter and defense counsel Art Donato.
“I never meant any harm by what happened, but for any damages that I’ve caused, I do sincerely apologize and feel very poorly about it,” Katzenell told Common Pleas Court Judge Mary Alice Brennan.
According to an affidavit of probable cause for Katzenell’s arrest written by Villanova Investigator Michael Gownley, as well as the lawsuit from the victim pending in the U.S. District Court for the Eastern District of Pennsylvania:
The victim attended a party Aug. 24, 2022, at an off-campus apartment complex known as College Hall Apartments or The Courts, where she consumed alcohol and became “highly intoxicated.”
While taking an Uber back to the dorms, the victim received a text from Katzenell, whom she had known since freshman year, asking her to come to his room in Sheehan Hall.
Two other males who have not been criminally charged but are defendants in the lawsuit were also present: Andrew Polun and Katzenell’s roommate, Juan Eguiguren.
The victim continued to drink from a bottle of vodka in Katzenell’s room before passing out. She awoke the next day at approximately 2 p.m. in her own dorm room wearing someone else’s T-shirt and no underwear.
Katzenell admitted to the victim that he had sexual intercourse with her when confronted. She retrieved her underwear from his room at that time.
She told Gownley she did not remember consenting to sex or having sex with Katzenell, who was subsequently arrested by Villanova police on charges of rape of an unconscious person, sexual assault, indecent assault of a person unconscious and indecent assault without consent of others.
Court records indicate charges were approved Jan. 30, 2023, but Katzenell was not preliminarily arraigned until Dec. 29. He was released on unsecured bail of $1 million at that time. The remaining charges against him were ultimately dismissed under the negotiated plea.
In the course of the investigation, police found a video on Eguiguren’s cellphone of Katzenell having sex with the victim while she was unconscious. The victim appears unresponsive in the video.
Her head at one point point falls off a pillow and she makes no effort to correct her position. Nor does she reciprocate or otherwise respond to being touched. Polun can be seen in the video manipulating her head while Katzenell is “physically engaged” with the victim.
Polun admitted to Villanova police that he could be seen in the video “assisting” Katzenell, who was a virgin and was “somewhat unsure of himself.”
Polun additionally acknowledged to police that the victim was “noticeably drunk” in the video.
He and Eguiguren also admitted to helping Katzenell transport the victim from the dorm room to a first-floor bathroom at about 2:30 a.m. and then contacting the victim’s roommate to assist in taking her home. Polun said at that time that the victim appeared “incredibly drunk.”
The roommate said that none of the three males appeared intoxicated when she arrived to help the victim get home.
It was unclear why the other students had not been criminally charged. Calls to Villanova police were not returned.
Brennan ordered Katzenell to serve 12 months on electronic home monitoring, provide a DNA sample to state police, stay away from the victim and Villanova University, and maintain his substance abuse and mental health treatment.
His supervision might be transferred to Maryland.
There are no upcoming dates set for the civil complaint, which was originally filed in Philadelphia civil court but was removed to federal court by Villanova University last month on diversity jurisdiction.
An amended complaint filed last week in that case by attorney Jay Edelstein alleges 14 claims on behalf of the victim, including rape, sexual assault, indecent assault, and assault and battery against Katzenell and Polun; negligence and negligent infliction of emotional distress against the university and housing complex; and conspiracy and negligence against Katzenell, Polun and Eguiguren.
Edelstein said his client was consulted about the plea by the Delaware County District Attorney’s Office and that she was OK with Katzenell not doing any prison time.
“It wasn’t her wish, but she didn’t oppose it,” he said. “Her biggest concern was twofold: That he not come back to Villanova in any way and that he be registered as a sex offender so that he couldn’t do this to somebody else.”
Attorneys representing Katzenell and the university in the civil suit did not return calls for comment Tuesday. No attorneys are yet listed for Polun, Eguiguren or the apartment complex.
Sexual Assault Lawsuit Filed Against Villanova Awaits Trial
Emma Cahill, Co-Editor-in-Chief
On Thursday Aug. 29, the public was made aware of a sexual assault lawsuit filed against Villanova University, College Hall Apartments and three male students. This civil case is still developing, having just been removed to federal court by the defendants. Described in a previous article by The Villanovan, plaintiff’s counsel claims inaction on behalf of the University and College Hall. The suit also claims negligence and recklessness on part of the assailant and the other two alleged accomplices.
In a separate criminal case, the Delaware County District Attorney’s Office charged the assailant with indecent sexual assault. A deal was reached for the assailant in criminal court, as he has pleaded guilty. There has been an order restricting the assailant’s ability to contact the plaintiff, and he is not allowed back at Villanova. This deal also involves a one-year house arrest and a seven-year probation. The other two alleged accomplices have not been charged with any crimes.
As the civil lawsuit is in its preliminary stages, The Villanovan has spoken to plaintiff’s counsel, Jay Edelstein, Esq., in regard to the direction the case is heading. Edelstein, co-founder of Edelstein Law and assigned attorney to the case, predicts a six-to-eight month time frame for the case but no longer than a year. While there is currently no set trial date, preliminary meetings are occurring and a conference will likely be set within the next 30 to 40 days. If and when the case eventually does make it to trial, it will be a jury trial, rather than a judge trial. The plaintiff, though anonymous for protection reasons, will come forward and testify in the courtroom if the case is tried.
In regard to the civil damages of the case, Edelstein discussed that the residuals of the case are about past, present and future pain and suffering, as well as for covering medical expenses incurred. There is no set dollar amount in mind for the case, as Edelstein emphasized the need to go through the discovery process before determining the potential damages, and to first discover the punitive nature of the case.
While the civil damages are a factor in the case, Edelstein emphasized the importance of this case not only in residuals, but as a force to change procedures that allow this behavior to occur within a larger system.
“[My client] is very brave,” Edelstein said. “If anybody thinks it’s a money grab, it’s not… It’s to change protocol and to allow her to move on with her life.”
Within the case, Edelstein discussed the inaction on the part of the plaintiffs. On the part of the University and College Hall, the complaint delves into their failure to adequately address student alcohol consumption and risky behavior.
“Villanova and [the] apartment complex were very well aware of things that go on the first week of school, various times during the school year with regard to partying and things being a little out of control,” Edelstein said. “There’s a number of articles written about it. I don’t think it’s any secret to anybody inside Villanova.”
With the litigation of this case, Edelstein hopes that the outcome will influence the way the University makes students aware of the reality of sexual assault on campus and that it will put new procedures in place for prevention.
“A lot of times with these cases, we do hope that policies and procedures will change as a result of them,” Edelstein said. “There’s accountability. What tends to happen is, lawsuits make people come to terms with the fact that there’s responsibilities…There certainly should have been more done here [at Villanova] to protect the student body.”
As the case proceeds to federal court, defense will go through a series of discovery including fact testimony, police testimony, and expert testimony to prove what the University should or should not have done to protect students.
Villanova University declined to comment on the pending litigation, but reiterated university policies prohibiting underage drinking and condemning all forms of sexual violence. After multiple attempts to reach a representative of Marks and Co. Apartments, the company has also declined to comment on the suit involving its property of College Hall.
Sexual assault is an unfortunate, but very real issue on college campuses, including Villanova’s. To report a sexual assault or an act of sexual misconduct, call Public Safety at 610-519-5800; the Title IX Coordinator Ms. Ryan Rost at 610-519-8805; or a Deputy Title IX Coordinator. For more information on support resources, call the Sexual Assault Resource Coordinator (SARC) at 484-343-6028. For more information on Villanova’s sexual misconduct prevention and education efforts, visit: https://www1.villanova.edu/university/sexual-misconduct/education.html. For the National Sexual Assault Hotline, call 1-800-656-4673.
Stay informed on this pivotal case by following Edelstein Law's journey for justice. Connect with us today to learn more about our commitment to advocating for victims' rights and ensuring their voices are heard. #JusticeForSurvivors