Two former University of Colorado students who claim they were sexually assaulted by football players revived their legal battle in federal appeals court Monday, asking to take their case to trial.
Attorneys for Lisa Simpson and another victim argued before the 10th U.S. Circuit Court of Appeals in Denver that CU should have done more to ensure student safety.
“If this case can’t reach a jury … then what Title IX (gender equity) case can?” plaintiff’s attorney Blaine Kerr asked the judges.
Kerr laid out evidence of reported sexual assaults on women involving CU football players and recruits starting in 1997 – incidents that led school and city officials to discuss the CU football program.
University’s view
CU attorney Pat O’Rourke argued that CU officials who shaped school policy didn’t know enough to anticipate danger.
“What would have been enough, if this series of events wasn’t enough?” Judge Neil Gorsuch asked O’Rourke. “This, plus what, would have been enough?”
National civil rights groups said this case could set a precedent.
Simpson, now 25, declined comment, but her mother, Karen Burd, said, “It’s always been Lisa’s hope she’ll have her day in court.”
The women allege they were assaulted, in Simpson’s case gang raped, in December 2001 as CU football players entertained recruits in hopes of luring them to CU. No arrests were made. The women sued, accusing CU of doing little to prevent the sexual harassment of women. U.S. District Court Judge Robert Blackburn dismissed the suit in March 2005 and later affirmed his decision.
Questioning the judge
Now, the women contend that Blackburn erred in his reasoning and should be reversed.
The ruling, if it stands, threatens student safety nationwide, said Emily Martin, deputy director of the American Civil Liberties Union’s women’s rights project. “It would let all kinds of schools off the hook for hostile environments they know about that pose risks to their female students,” she said
CU officials said schools do the best job they can in protecting students but cannot be responsible for every incident.
“There’s a lot of talk out there in higher education: What is a university responsible for as kind of a surrogate parent for these students under our charge?” said Ken McConnellogue, spokesman for the CU system.
“We take that responsibility seriously and put significant effort into making our campuses safe places. You can’t plan for every contingency.”
