Thursday, August 29, 2019

Judge Jones of Federal Middle District Addresses Motions to Dismiss in Lawsuit Arising Out of Alleged Sexual Assault on College Campus

In the case of Kennedy v. Gettysburg College, No. 1:19-CV-703 (M.D. Pa. Aug. 6, 2019 Jones, J.), the court granted in part and denied in part Motions to Dismiss filed by various Defendants in a case of alleged sexual assault at a college. 

According to the Opinion, the Plaintiff filed suit against the college alleging causes of action including a violation of Title IX, violation of the Plaintiff’s right to equal protection pursuant to 42 U.S.C. §1983 against the college, sexual assault, sexual abuse, and battery, along with negligent hiring and supervision and other counts. The Complaint also seeks punitive damages against the college and the college’s alumni association. 

The various Defendants, including the college, the alumni association, and the individual Defendant, filed a series of Motions to Dismiss. 

Among other rulings, the court rejected the college’s argument that it could not be responsible for the acts of a student at a party off campus and/or that Title IX does not apply to a non-student (the Plaintiff in this case was visiting her brother at college). 

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney Charles L. Leone of the law office of Lewis R. Busico in Newtown, Pennsylvania for bringing this case to my attention.

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