New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

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Sexual Misconduct & Other Campus Violence; Title IX; Students; Sexual Misconduct & Other Campus Violence; Sexual Misconduct & Other Campus Violence; Discrimination, Accommodation, & Diversity

Jane Doe v. University of North Texas Board of Regents (E.D. Tex. June 2, 2017)

Memorandum Opinion and Order denying Defendants’ Motion for Summary Judgment. A female student at the University of North Texas (UNT) reported that she was sexually assaulted by a former adjunct professor and current employee at the UNT library. Though the University reassigned the employee and forbid him from entering certain areas of campus, Plaintiff stopped attending classes regularly and confined herself to her apartment out of fear of running into the employee. Plaintiff further claimed that she was not informed of the remedial actions the University had taken and that its investigation exceeded the 45-day threshold imposed by University policy. She ultimately filed a Title IX suit against UNT and its President. Construing Plaintiff’s complaint as asserting deliberate indifference to sexual harassment, the court concluded that genuine issues of fact existed as to the University’s response to Plaintiff’s report and allowed the case to proceed. 

Retaliation; Sexual Misconduct & Other Campus Violence; Sexual Misconduct & Other Campus Violence; Title IX

Tackett v. University of Kansas (D. Kansas, Feb. 10, 2017)

Memorandum and Order from the United States District Court for the District of Kansas, granting-in-part and denying-in-part Defendant’s Motion to Dismiss.  In the Fall of 2014, plaintiff was sexually assaulted by a member of the University of Kansas (KU) football team.  She reported the incident the following October, after she learned that a friend had also been sexually assaulted by the same individual.  Plaintiff alleged that prior to the assault, KU created a hostile environment conducive to a heightened risk of sexual assault.  Plaintiff also alleged that KU exhibited deliberate indifference towards her and retaliated against her after she brought the assault allegations to KU’s attention.  The Court partially dismissed plaintiff’s hostile environment claim, concluding that plaintiff failed to plead facts that would impute liability to KU for its purported knowledge of heightened risk of sexual assault.   Without speculating about the potential merits of plaintiff’s remaining allegations, the Court allowed plaintiff’s deliberate indifference and retaliation claims to proceed.

Sexual Misconduct & Other Campus Violence; Retaliation; Gender Identity & Sexual Orientation Discrimination

Settlement Agreement between the University of Colorado and Kimberly Parker

Settlement Agreement reached between the University of Colorado and former employee Kimberly Parker. Following the University's decision to terminate Parker's employment, she sued the University claiming she was terminated in retaliation for filing a sexual harassment complaint against a University Professor. Under the settlement agreement, the University admits no liability, will pay Parker $80,000 and costs related to mediation, and will assist Parker in finding a job.