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File Photo/KANSAN
The exterior of Jayhawker Towers.
Breaking down KU's open sexual assault-related lawsuits
▶ CONNER MITCHELL @connermitchellO
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.
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.
In June, Daisy, along with McClure and her parents, were added as plaintiffs in the complaint.
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 by misrepresenting the safety and security of its on-campus housing. 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."
Status: A hearing took place Aug. 8 to determine whether the case would proceed. The decision is still under review by Douglas County District Court Judge Kay Huff. Dan Curry, who represents the Tacketts and McClures in all three cases, said rulings in cases like this can typically take several months when considering all issues brought about in the complaint.
DAISY TACKETT VS. UNIVERSITY OF KANSAS:
Originally filed:
March 21, 2016
Court: Began in Douglas County District Court, but was moved to federal court at the request of the University.
ually 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.
Allegations: The University provided a hostile educational environment for Tackett, a former rower, after she was allegedly sex-
In July, Tackett filed a motion to amend her original complaint to include new information discovered since her suit was filed in March. The information alleges the University has a policy of making female rowers attend football games and cheer on football players, as well as encouraging female athletes to attend off-campus parties meant to entertain football recruits.
Reparations: According to the complaint, Tackett seeks $75,000 in damages for 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.
Status: The University filed a motion to dismiss Tackett's amended complaint on Sept. 2, saying the
"new allegations appear designed to get headlines, but they have no connection to anything that happened to [Tackett]."
JANE DOE 7 VS.
UNIVERSITY OF
KANSAS:
Originally Filed: April 19,2016
Court: Began in Douglas County District Court, but was moved to federal court at the request of the University.
Allegations: 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. In addition to Title IX violations, the complaint says the University violated the Rehabilitation Act when it discriminated against McClure due to a disability.
McClure also filed an amended complaint, similar to Tackett's, also alleging official policies requiring female rowers to attend football games, as well as encouraging athletes to attend off-campus parties meant to entertain football recruits.
Reparations: According to the complaint, McClure seeks 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. In the June press conference, McClure's father, Jim, said any money made in a potential resolution would be donated to sexual assault victims in Kansas.
Status: The University filed a motion to dismiss McClure's amended complaint Sept. 9, and in an identical manner to the motion to dismiss Tackett's amended complaint, said the "throw-away allegation[s] [are] clearly intended solely as an attempt to try this case in the press which increasingly appears to be the plaintiff's prime objective."