Ex-rower’s sexual assault-related lawsuit against KU proceeding, despite university’s attempt to dismiss

The Jayhawker Towers on the Kansas University campus are pictured on Thursday, Nov. 9, 2010.

A federal court won’t dismiss a sexual assault-related lawsuit against the University of Kansas just because a county court dismissed a connected lawsuit, a federal judge ruled last week.

KU had argued that the federal court should throw out Daisy Tackett’s Title IX suit against KU because the matter is “res judicata” — or already judged by another court.

However, in an order filed Thursday, U.S. District Court Judge Thomas Marten disagreed, saying KU failed to meet its burden showing res judicata applies to Tackett’s Title IX case.

The discovery phase of the lawsuit will proceed, according to court records. A jury trial is slated for July 2018.

Tackett’s ongoing federal Title IX lawsuit, originally filed in March 2016, accuses KU of failing to properly handle her report of being raped by a football player in KU’s Jayhawker Towers apartments.

Daisy Tackett

Tackett — along with her parents, another former rower who said she was sexually assaulted by the same football player, and the second rower’s father — had also sued KU in Douglas County District Court under the Kansas Consumer Protection Act, claiming KU falsely represented campus housing as safe. A county judge dismissed that suit in March, saying the plaintiffs lacked standing.

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.

Following previous motions to dismiss by KU, Marten did dismiss a significant portion of Tackett’s federal Title IX suit in February, specifically Tackett’s allegation that KU was institutionally liable for her rape before it occurred.

Title IX is the federal law prohibiting sex-based discrimination in education, including sexual violence.

Tackett said the football player raped her in fall 2014, when she was a freshman, and that she reported the incident to KU in fall 2015 after hearing the same man sexually assaulted rower Sarah McClure, too. Tackett did not file a police report; McClure’s police report did not result in criminal charges.

KU’s Office of Institutional Opportunity and Access investigated, found the man responsible for assaulting both women and banned him from campus in midspring 2016. Tackett withdrew from KU in early 2016, and McClure finished the spring 2016 semester, but did not return in the fall.

McClure, under the name Jane Doe 7, filed a similar federal Title IX lawsuit against KU after Tackett filed hers and many developments have largely mirrored those in the Tackett case. KU also has moved to dismiss McClure’s lawsuit under res judicata, though the judge — also Marten — has yet to rule on the request.

Both women have publicly shared their names.