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In a rare move, a U.S. circuit court of appeals reversed a district court’s ruling awarding attorneys’ fees to a young woman who was sexually assaulted on the campus of Chadron State College in Nebraska.
The Eighth Circuit Court of Appeals agreed with the trustees of the Nebraska State Colleges (NSCS), who appealed the lower court’s ruling, that Chadron did not act with “deliberate indifference” after the woman, known as “Jane Doe,” reported being sexually assaulted by a fellow student in 2016. On the contrary, the decision points out that the college took many steps to protect Doe, as required by Title IX, including by imposing a no-contact order on the perpetrator, requiring him to attend counseling sessions and placing him on probation until he graduated.
Doe did not think that was sufficient and wanted her attacker to be removed from campus. She declined an offer of a security escort.
In July 2017, she sued NSCS for violating Title IX. A jury found in Doe’s favor and awarded her $300,000; the district court denied NSCS’s motions for a new trial and for judgment as a matter of law, and awarded Doe attorney fees. NSCS appealed the verdict in January, arguing that the college had fulfilled its Title IX duty to protect Doe. The Eighth Circuit Court of Appeals agreed.
“While it is a rare case that reversal is warranted after giving appropriate deference to a jury’s verdict, this is such a case,” the decision read. “After examining the uncontroverted facts presented at trial, a reasonable jury could not find in Doe’s favor … The district court erred when it failed to grant NSCS’s motion for judgment as a matter of law … Because Doe is no longer a prevailing party, we order that the award of attorney’s fees be vacated.”
