Mirroring his action last week in a related Title IX case, a federal judge has dismissed part of a lawsuit by a second former University of Kansas rower who said a football player sexually assaulted her.

Sarah McClure’s multipart lawsuit against KU will move forward without a key pillar of her allegation that KU was institutionally liable for her assault before it occurred, according to an order filed Thursday by Judge J. Thomas Marten, in U.S. District Court in Kansas City, Kan.

Citing a previous Title IX case for precedent, Simpson v. Univ. of Colorado Boulder, McClure’s suit said KU should have known there was a heightened risk of sexual assault at Jayhawker Towers apartments, where football players live with less supervision than in residence halls. She also argued that KU required female rowers to go to football games and cheer for the players, and encouraged the women to attend off-campus parties with football recruits.

Marten dismissed that claim, citing the same reason he did so in Daisy Tackett v. KU. Marten said such “alleged policies” played no role in the victims’ reported assaults, and there’s no allegations they were assaulted at sanctioned events or that KU somehow encouraged misconduct by the football player, named in court documents as “John Doe G.”

Sarah McClure, under the name Jane Doe 7, is suing Kansas University for failing to properly address her sexual assault report. McClure’s father, Jim McClure, shared this photo and a video statement from her during a press conference Thursday, June 9, 2016, in Kansas City, Mo.

“The court recognizes that the alleged facts in these cases differ with respect to the circumstances,” Marten wrote. “Nonetheless, the allegations supporting the Title IX claims are sufficiently similar to warrant the same treatment.”

McClure’s lawsuit was filed under the name Jane Doe 7, but both she and Tackett have publicly shared their names.

KU had moved to dismiss two of McClure’s four claims: that the university created a hostile education environment (including institutional liability) and that her rowing coach retaliated against her after she reported being sexually assaulted, both in violation of Title IX.

McClure’s lawsuit also alleges KU failed to accommodate an unnamed mental or medical disability and also violated the consumer protection act by falsely promoting campus housing as safe.

As he did in Tackett’s case, Marten agreed to allow McClure to amend her lawsuit for a second time, adding information about the football player’s transcript and eventual transfer to another university. 

McClure’s attorney, Dan Curry, said that overall, she and her family were pleased with the judge’s order.

“The case gets to go forward, and so they’re happy about that,” Curry said. “The dismissal of the Simpson portion of the case saddens them. They think it’s an important issue that needs to be looked at — the policy of packing football players into a dorm that has less supervision. But it might be a battle that needs to be fought down the road.”

In an emailed statement, KU spokeswoman Erinn Barcomb-Peterson said: “We are pleased the court has dismissed portions of this lawsuit. Moving forward, we are confident the court will agree we’ve fulfilled our obligations to Ms. McClure.”

McClure sued KU in April 2016.

A week into her freshman year, in August 2015, the football player sexually assaulted McClure in her apartment at Jayhawker Towers, according to her lawsuit. In October 2015, McClure reported the assault to KU and also filed a police report, though the report did not result in criminal charges.

McClure’s lawsuit followed that of Tackett, who sued KU in March 2016.

Tackett was a freshman in fall 2014 when, after a party, the football player raped her in his apartment at KU’s Jayhawker Towers, according to her suit. Tackett reported the rape to KU a year later, in October 2015, after hearing another rower had been assaulted by the same man. Tackett did not file a police report.

KU investigated both reports, found the man responsible for misconduct and disciplined him, according to documents filed in court. He was “effectively expelled” and banned from campus in spring 2016.

Title IX is the federal law prohibiting sex-based discrimination in education. Disallowed discrimination includes sexual harassment — and sexual violence — that creates an environment hostile enough to deprive a student of access to educational opportunities.