Two women who’ve seen their lawsuit against the University of Colorado dismissed by a federal court judge filed a notice today that they will appeal that decision to the 10th U.S. Court of Appeals.
Lisa Simpson and another woman, both students at the time, said they were sexually assaulted at a 2001 party attended by football players and recruits. They had sued the university, contending the school fostered a hostile environment that allowed the assaults to occur.
But on March 31, 2005, U.S. District Judge Robert Blackburn dismissed the 2002 action before the trial was to begin, saying the women had not proven that the university was “deliberately indifferent” to the risk that players and recruits would assault women, according to the ruling.
The appeals team will include two additional lawyers, according to a news release from lawyers representing Simpson and the other woman, who has asked that her name not be used because of her allegations that she was sexually assaulted. The Denver Post’s policy is to refrain from naming those who say they are sex assault victims unless they waive anonymity. Simpson has agreed to have her name published.
The additional appellate lawyers are: Patricia Wald, who served on the U.S. Court of Appeals in Washington D.C. for 20 years and Pamela Karlan, an associate dean at Stanford Law School, according to the release.
“We’ve been looking forward to getting the Tenth Circuit appeal underway for over a year,” Baine Kerr said, a lawyer for Simpson said in a written statement.
“We’re confident of eventual success on the merits. This appeal should not only result in the plaintiffs finally getting their day in court, but in what well may be a landmark decision governing universities’ responsibilities to control big-time athletics for the safety of their students.”
