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Failure to investigate athlete

May 21, 2020

When she was a junior at the University of Idaho, Doe frequented an off-campus bar where Roe—one of the school’s football players—allegedly touched her under her dress. Doe, who allegedly had been subject to Roe’s harassment before, subsequently reported to the local police and three university officials that she had been sexually assaulted. The university told Doe that it could not investigate her claims because the alleged misconduct had occurred off campus. The university also told her that Roe would be required to obtain counseling and check in with the school’s head football coach twice a day.

The following week, Doe informed the director of the university women’s center that Roe had assaulted her. The director contacted the dean of students, who started an investigation, which led the school’s judicial counsel to conclude that it was more likely than not that Roe had committed seven violations of the school’s student code of conduct, including his alleged sexual assault and harassment of Doe and his alleged intimidation of another female student. Five years later, a report issued to the university concluded that university staff had failed to comply with Title IX during its investigation of Doe’s claim.

Doe sued the university, alleging claims for heightened risk and emotional distress. The plaintiff argued that if the school had responded appropriately to previous reports of Roe’s alleged harassment, her assault would not have occurred. Suit did not claim past medical expenses or lost income.

The parties settled for $160,000.

Citation: Doe v. Univ. of Idaho, No. 3:18-cv-00451-DCN (D. Idaho Jan. 13, 2020).

Plaintiff counsel: Brook Cunningham and Shamus O’Doherty, both of Spokane, Wash.

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