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Abstract: 

Plaintiffs, students at the University of Colorado at the time of the alleged incidents, claimed that they were sexually assaulted at a party attended by CU football players and recruits on December 7, 2001. Plaintiffs also alleged that a variety of incidents had occurred prior to December 7, 2001, indicating that the practices of the CU Athletic Department and football programs had created a known risk of sexual harassment, sexual assaults, and sexual discrimination against female students and other women by the players and recruits. The court concluded that the actions taken by CU and the football program were reasonable and did not indicate that CU had intentionally decided to permit severe and pervasive sexual harassment against female CU students. CU had investigated the incidents, imposed discipline on those involved, and implemented policies and training directed to the issues of sexual harassment and assault and alcohol use in the football program. The fact that CU’s efforts could now be seen as ineffectual did not establish an internal decision to permit the relevant risk to remain unaddressed and did not help prove the element of deliberate indifference on the part of CU.

Keywords: Simpson v. Univ. of Colorado; Gebser v. Lago Vista Indep. School Dist.; Davis v. Monroe County Bd. of Educ.;

Affiliations:  1: Law Library at the Supreme Court of Ohio.