Allegations that the University of Colorado ignored repeated warnings that some of its football players and recruits engaged in sexual assaults, including rape, can now proceed to trial following a federal appellate ruling late Friday, said Baine Kerr, lawyer for an alleged sexual assault victim.
In the ruling, the U.S. 10th Circuit Court of Appeals refused to reverse a decision by one of its three-judge panels that reinstated the lawsuit of Lisa Simpson against the university and its regents.
The court also refused CU’s request that the entire appellate court decide the issue.
Simpson and another woman claim that on the night of Dec. 7, 2001, they were assaulted by football players and recruits while the recruits were paying a visit to Boulder.
The gist of their complaint was that CU sanctioned, supported and even funded a program that encouraged the recruits to behave improperly with women they met.
When the 10th Circuit reinstated Simpson’s lawsuit on Sept. 6, the court said that the key question was whether the risk of such an assault during recruiting visits was obvious.
The appellate judges said evidence could support such a finding based on widespread reporting of sexual misconduct in college football programs, including repeated concerns about CU’s program.
Here, the judges said, red flags about alleged misconduct by some CU players and recruits had been raised for years. In 1989, the court noted, Sports Illustrated contained an article about a number of sexual assaults by CU players; in 1990, two CU football players were charged with sexual assault arising from separate incidents; in 1997, a high school girl alleged she had been sexually assaulted by a recruit at a party.
And finally, said the court, then Boulder District Attorney Alex Hunter and Assistant District Attorney Mary Keenan – the current DA – met with CU officials to express concerns about a pattern of sexual misconduct. At the 1998 meeting, Keenan expressed concern about women being made available to recruits for sex.
The court said that after the meeting with Keenan CU “did little to change its policies or training…Not only was the coaching staff informed of sexual harassment and assault by players, but it responded in ways that were more likely to encourage than eliminate such misconduct.”
Howard Pankratz: 303-954-1939 or hpankratz@denverpost.com
