Former student-athlete Daisy Tackett has filed a Title IX lawsuit claiming that the University "created a hostile educational environment" after she said she was sexually assaulted in Jayhawker Towers.
University files motion to dismiss Title IX lawsuit
CONNER MITCHELL & LARA KORTE @KansanNews
Editor's note: The University Daily Kansan generally does not name sexual assault victims in accordance with the Kansan's policy guide. However, in an interview with Dallas Morning News, former student athlete Daisy Tackett requested her name be used.
In a response filed in federal court May 27, the University formally motioned to dismiss the Title IX lawsuit filed by Daisy Tackett, a former student-athlete.
The initial lawsuit, filed in Douglas County District Court on March 21, claims the University "created a hostile educational environment" by not protecting Tackett after she said she was raped by a KU football player in Jayhawker Towers.
The response, authored by Mike Leitch, attorney for the University, states that Tackett's claims have no legitimacy under Title IX because the plaintiff failed to
give the University "actual notice" and that the University did not display deliberate negligence towards Tackett's case.
In addition, the motion stated that the University is not liable for Tackett's alleged incident due to the fact it had no prior knowledge of any ongoing sexual harassment by Tackett's assailant.
However, the motion to dismiss said Tackett's complaint of University negligence has no merit because "the University investigated her complaint of discrimination, provided her an escort on campus, and expelled her assailant."
Tackett's lawsuit claims the University showed deliberate neglect, punishable under Title IX, because it failed to conduct a thorough and speedy investigation, failed to suspend the assailant pending the investigation, and failed to prevent her from subsequent harassment.
"KU may be liable for peer-on-peer harassment only where it has actual knowledge of ongoing sexual harassment and remains
"A motion to dismiss is saying that we haven't plead the facts in a way that can support the cause of action; saying we don't have enough facts in there," he said. "What we put together, we felt like we had ample facts to support the allegations [...] It's very typical for a motion to dismiss to be filed in a civil lawsuit like this, and it's not anything that was unexpected from our end."
Dan Curry, Tackett's lawyer, said they will file a response and ask the federal court to deny the University's motion to dismiss.
deliberately indifferent to it," the motion reads. "Here there were no prior allegations of sexual assault committed by the Plaintiff's assailant, and when Plaintiff reported the rape to KU one year later, KU investigated the matter, provided Plaintiff an escort on campus, and expelled the assailant."
Curry said the response would be filed sometime in the coming weeks, and the court is allowed to grant extensions if needed. He said
the response would clearly arrange the facts they feel support their claim, all of which are already outlined in the initial complaint.
Tackett's case is one of two ongoing Title IX lawsuits the University is involved in. On April 18, another anonymous University athlete filed a lawsuit claiming the University created a hostile education environment after she was also sexually assaulted in Jayhawker Towers, the same location as Tackett, by the same football player.
The unnamed plaintiff also said the University violated the Rehabilitation Act when it discriminated against her because of a disability. The University has not issued a response to the anonymous athlete's complaint.
Both cases are ongoing Check back on Kansan.com for developments.
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