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NEWS
KANSAN.COM
A guide to open Title IX lawsuits against the University
▶ CONNER MITCHELL
@connermitchell0
Since March, three different lawsuits have been filed against the University related to its handling of sexual assault cases. Daisy Tackett and Sarah McClure, former members of the rowing team, have sued the University in their individual capacities, claiming the University created a "hostile educational environment" after they reported their alleged sexual assaults. Tackett, along with her parents and McClure's parents, filed a separate, class-action lawsuit against the University under the Kansas Consumer Protection Act, saying it misrepresented its on-campus housing as safe and secure.
Exterior of The Jayhawker Towers. The towers were named as the location of an alleged sexual assault in two open Title IX lawsuits against the University.
James Tackett and Amanda Tackett vs. University of Kansas
Originally Filed:
March 12, 2016
**Court:**
Douglas County District
Court
Allegations:
James and Amanda Tackett, parents of Daisy, filed a lawsuit against the University under the Kansas Consumer Protection Act, saying the University is violating the Act by representing its student housing to both students and parents as "safe", despite a knowledge of increased sexual assaults.
Reparations:
According to the suit, the class of plaintiffs requests an injunction ordering the University to stop presenting on-campus housing as safe and secure to current and prospective students
until appropriate safety and security can be demonstrated.
In addition, the suit also requests a judgement declaring the University violated the Kansas Consumer Protection Act in misrepresenting the safety and security of its on-campus housing.
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Status:
Finally, the suit requests an award of reasonable attorney fees to the plaintiffs, as well as other further relief the court "deems just and proper."
Dan Curry, who represents the Tacketts, told the Kansan a hearing will take place August 8 in which he and his team will argue why the suit should not be dismissed.
Daisy Tackett vs. University of Kansas
Originally filed:
March 21, 2016
Began in Douglas County District Court, but was moved to federal court at the request of the University.
Court:
Allegations:
The University provided a hostile educational environment for Tackett, a former rower, after she was allegedly sexually assaulted by a member of the football team in Jayhawker Towers.
The complaint also alleges retaliatory actions by rowing team officials after learning of Tackett's report.
Reparations:
According to the complaint, Tackett seeks $75,000 in damages for
Status:
attorney fees and costs of the suit, repayment of tuition and board fees, as well as any further legal and equitable relief which could be incurred.
Tackett's legal team filed three documents July 1 and 2, including a response to the University's motion to dismiss her suit, as well as a motion to amend her original complaint to include newly-discovered information. Curry told the Kansan the University would have a period of time to respond to the motion to include new information, at which time a conference will be held to set further dates in the proceedings.
Jane Doe 7 vs. University of Kansas:
Court:
Originally Filed:
April 19, 2016
Began in Douglas County District Court, but was moved to federal court at the request of the University.
Allegations:
In addition to Title LX violations, the complaint also says the University violated the Rehabilitation Act when it discriminated against McClure due to a disability.
Like Tackett, the plaintiff, who disclosed her identity as Sarah McClure during a June press conference, says the University created a hostile educational environment after she reported her alleged sexual assault.
Reparations:
According to the complaint, McClure seeks
During the press conference, McClure's father, Jim, said any money made from a legal resolution would be donated to sexual assault victims in Kansas.
damages in an amount in excess of $75,000 for attorney fees and for actual damages, as well as any further legal and equitable relief which could be incurred.
The University filed a motion to dismiss McClure's suit Friday, saying a university must be aware of ongoing sexual harassment and remain deliberately indifferent to it before it can be held liable for violations under Title IX. McClure's legal team will have a period of two weeks to file a response to the University's motion.
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