Appeals Court Reinstates Colorado Sex Assault Case
Related Stories
A federal appeals court on Thursday reinstated a lawsuit in which two former female students accused the University of Colorado at Boulder of violating federal laws barring sex discrimination by doing too little to prevent their alleged rape by a group of football players and recruits.
The decision by the U.S. Court of Appeals for the 10th Circuit overturns a lower court judge's 2005 decision to dismiss the claim filed by the two women under Title IX of the Education Amendments of 1972 and could force the university to defend itself at trial (though the university could appeal the ruling). The court's decision also dredges up a hugely embarrassing period in the university's history, as the former students' charges helped spark a football scandal that contributed to the resignation of the Colorado system's former president, Elizabeth Hoffman.
The women asserted that they had been raped in 2001 at an off-campus party for football players and recruits, and that the university was responsible for the sexual assaults by allowing an environment to develop in which female "ambassadors" were routinely asked to show football recruits a good time. The plaintiffs alleged that other, previous incidents involving Colorado football players had shown that the arrangements, when inadequately supervised, created an identifiable risk of sexual assault that the university ignored.
A district court judge granted Colorado's request for dismissal on summary judgment in 2005, saying the plaintiffs had not met the requirement to prove that the university had shown "deliberate indifference" to the prospect of sexual assault.
But in its forceful ruling Thursday, a three-judge panel of the 10th Circuit appeals court concluded otherwise, saying the district court had been given enough evidence to show that the university knew or should have known about previous complaints of sexual harassment by football players and had acted indifferently.
"In our view, the evidence presented to the district court on CU’s motion for summary judgment is sufficient to support findings (1) that CU had an official policy of showing high-school football recruits a 'good time' on their visits to the CU campus, (2) that the alleged sexual assaults were caused by CU’s failure to provide adequate supervision and guidance to player-hosts chosen to show the football recruits a 'good time,' and (3) that the likelihood of such misconduct was so obvious that CU’s failure was the result of deliberate indifference."
A broad array of women's groups, legal advocacy organizations and a group of academics who study gender violence and sports had filed friend of the court briefs urging the appeals panel to overturn the lower court decision.
Baine Kerr, a lawyer for one of the plaintiffs, told the Associated Press that "there is absolutely nothing [in the ruling] that the university can take comfort in. It's a great endorsement of the facts as we have seen them and the legal principals that we have argued."
The university released a written statement saying that it "does not have a policy that would place any of its female students at risk of assault; in fact, it has stringent policies prohibiting sexual harassment and sexual assault."
Most Popular
- Viewed
- Commented
- Past:
- 1 day
- 1 week
- 1 month
- 1 year
Similar Jobs
-
Classroom/Distance Education Technology Specialist
-
Associate Director of Finance and Operations
-
Career Services Assistant
-
Programmer Analyst III
-
Junior Accountant
-
Assistant Athletic Trainer
-
IT Professional III-Project Management
-
Assistant Director of Admissions
-
One Year Appointment Department of Nursing
-
Associate Vice President for Human Resources
Featured Jobs
-
Online Writing Tutors
24FebWashington, DCSmarthinking, Inc. is hiring motivated individuals to serve as part-time online writing tutors. A Washington, D.C.-based education organization, Smarthinking, Inc. provides real-time, online tutoring and learning support to colleges, universities, high schools, and textbook publishers.
-
Vice President - Institutional Advancement
24MayNiagara University, NYNiagara University, a private Catholic university sponsored by the Vincentian Community, seeks a Vice President for Institutional Advancement.
-
Assistant Professor - Violin
24MayJonesboro, ARPosition Summary: This is a 9 month, full-time position for Instructor of Violin with the possibility of renewal and potential for tenure-track.
-
President
23MayCedar Rapids, IAThe Board of Trustees at Coe College has begun the search for the college’s 15th president and invites nominations and applications for individuals who will provide outstanding leadership.
-
Asia Programs Director
23MayChapel Hill, NCComing to work at the University of North Carolina at Chapel Hill means more than just accepting a job. You're becoming part of a rich tradition of excellence and a community of people working to make a difference.
-
Director of Career Services
22MayLandover, MD2tor is changing the world of online higher education. Your venture is to build a ground breaking, globally focused career services department that proves the value of a prestigious online master’s degree.









Please review our commenting policy here.