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Student’s sexual assault suit reinstated

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appeals

A woman who attended classes at University of Kentucky facilities but was not technically a student can still pursue her discrimination litigation against the university in which she charges it with failing to adequately address her sexual assault claim, said a federal appeals court Wednesday, in overturning a lower court ruling.

Jane Doe attended Bluegrass Community and Technical College, many of whose facilities were owned and operated by the University of Kentucky, according to the ruling by the 6th U.S. Circuit Court of Appeals in Kentucky in Jane Doe v. University of Kentucky.

Ms. Doe lived, dined and participated in student activities on the university’s campus and hoped to attend the university, according to the ruling.

In October 2014, Ms. Doe was raped by a student enrolled at the university. Over the course of two and a half years, the university held four disciplinary hearings, and at the fourth hearing the alleged perpetrator was found not responsible.

Ms. Doe dropped out of her classes and withdrew from the university’s housing in October 2014, and a year later filed suit against the university in U.S. District Court in Lexington, stating its “deliberate indifference” to the alleged sexual assault violated Title IX, the federal civil rights law that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.

The district court dismissed the case on the basis that Ms. Doe did not have standing to file suit under Title IX because she was neither a university student, nor participated in any of its educational programs or activities.

The ruling was overturned by a three-judge appeals court panel. The lower court’s decision “was too rigid in this case,” it said. Although Ms. Doe was not enrolled as a university student, for purposes of her claim “there remain genuine disputes as to whether she was denied the benefits of an ‘education program or activity’ furnished by the university, the ruling said, in citing Title IX’s language, and reversing the lower court’s ruling. The case was remanded for further proceedings.

Ms. Doe’s lawyer, Linda M. Correia, a founding member of Correia & Puth PLLC in Washington, said she was “very gratified that the court of appeals got this right.” She said Ms. Doe “is looking forward to moving ahead with her claim. “

A university attorney could not be reached for comment.

In July, in a Title IX case, a federal appeals court reversed a lower court and reinstated sex discrimination charges filed by a male graduate student charged with sexual misconduct against Arizona State University in connection with its handling of his case.

 

 

 

 

 

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