A Douglas County judge is considering a motion from the University of Kansas to dismiss a lawsuit that claims the university misled the public by presenting campus housing as safe.

The lawsuit stems from two women, both former KU rowers, who said they were raped in university housing — Jayhawker Towers —  by the same man, also a student athlete. The man had played football for the university, but he was expelled last spring. Daisy Tackett said her assault took place in fall 2014, and Sarah McClure said she was attacked in August 2015.

Both women are listed alongside their parents — James and Amanda Tackett and Jim McClure — in the lawsuit, which claims KU violated the Kansas Consumer Protection Act by misleading the public about the safety of student housing.

KU’s attorneys filed a motion to dismiss the lawsuit, prompting the hearing Monday afternoon before Douglas County District Court Judge Kay Huff.

During Monday’s hearing, KU’s attorney, Brian Fries, argued that the lawsuit failed to identify clear injuries that were caused by KU’s actions, making the plaintiffs’ claim for relief unwarranted. And although Sarah McClure and Daisy Tackett could be considered consumers under the KCPA, their parents are not, Fries argued.

Huff said she would take the motion under advisement and release her decision through memorandum at a later date.

Tackett and McClure are also suing KU in federal court claiming the university violated Title IX, which forbids gender-based discrimination in education and requires universities to investigate and work to prevent sexual harassment and sexual violence on their campuses. Those cases are still pending. The women are not suing the man they accuse of the assaults.