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.

Selected Topics: Students Minors on Campus
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Title IX; Minors on Campus; Students; Sexual Misconduct & Other Campus Violence

John Doe 2 v. The Citadel (S.C. App. Aug. 2, 2017)

Opinion and Order affirming the lower court’s award of summary judgment to The Citadel. In 2007, a former camp counselor at The Citadel was accused of engaging in sexual misconduct with a camper during the time he worked at the college from 2001 to 2003. Eventually The Citadel lost touch with the accuser and ended the investigation. In 2007, after the counselor had left The Citadel’s employ, he was arrested and pleaded guilty to numerous charges involving the abuse of 23 boys over the span of a decade. Plaintiff-Appellant, a young male who claimed to have been abused by the counselor while the counselor worked at a preparatory school in Summerville between 2005 and 2006, filed suit against The Citadel, alleging that the college’s actions in 2007 created a risk that the counselor would be placed in future positions where he could further victimize young boys, including Plaintiff. The lower court dismissed Plaintiff-Appellant’s claims, finding that The Citadel did not owe Plaintiff-Appellant a duty of care to prevent the counselor from abusing him. The appeals court affirmed, finding that The Citadel did not owe Plaintiff-Appellant a duty of care, that no special relationship warranted an exception to that rule, that The Citadel did not establish a duty of care when it voluntarily undertook an investigation in 2007, and that Title IX did not impose upon The Citadel a duty to reveal the 2007 allegations.      

Title IX; Minors on Campus; Sexual Misconduct & Other Campus Violence; Student Athlete Issues; Athletics & Sports

K.T. v. Culver-Stockton College (8th Cir. Aug. 1, 2017)

Opinion and Order affirming the district court’s grant of Culver-Stockton College’s (CSC) Motion to Dismiss. Plaintiff-Appellant, a sixteen-year-old junior in high school who was invited to visit Culver-Stockton as a potential recruit to the women’s soccer team, claimed that she was physically and sexually assaulted by a fraternity member at an on-campus fraternity during her visit. The district court granted CSC’s Motion to Dismiss, and the Eighth Circuit affirmed. Even assuming that Plaintiff-Appellant's status as a non-student did not preclude her from asserting a Title IX harassment claim, the Eighth Circuit found that Plaintiff failed to plausibly allege that CSC had actual knowledge of discrimination, since actual knowledge requires institutions to have “more than after-the-fact notice of a single instance in which the plaintiff experienced sexual assault.” Moreover, she failed to plausibly plead deliberate indifference or that the College's response to her report had a systemic effect such that she was denied equal access to educational opportunities provided by the College.