Sexual Misconduct & Other Campus Violence; Student Housing; Students; Sexual Misconduct & Other Campus Violence
Jane Doe 7 v. University of Kansas (D. Kan. September 13, 2017)
Memorandum and Order partially denying Defendant’s Motion to Dismiss and deferring judgment on Defendant’s argument under the Kansas Consumer Protection Act (KCPA). Plaintiff, a student of the University of Kansas (KU),was sexually assaulted in a KU residence hall. She joined a class action lawsuit alleging that the University violated the KCPA by purportedly making false representations about the safety of the university’s residence halls. Plaintiff previously filed an individual claim in state court, which was dismissed on jurisdictional grounds. In the present case, the Defendant sought to dismiss Plaintiff’s claim under the doctrine of res judicata. Because the state court’s dismissal for lack of constitutional standing was not a decision on the merits, the court allowed Plaintiff’s claim under the KCPA to proceed. However, it deferred judgment on the merits, granting Plaintiff leave to amend complaint to allege with particularity facts giving rise to a violation of the KCPA.