Manhattan — A federal judge has dismissed part of a Title IX lawsuit filed against Kansas State University by two women who allege they were raped at off-campus fraternity houses.

The Manhattan Mercury reports the court dismissed the claims of one former Kansas State student because her alleged assault occurred at a private apartment complex.

But U.S. Judge Julie Robinson denied Kansas State’s motion to dismiss the part of the lawsuit that deals with off-campus fraternity houses.

The two students say in their lawsuit the university didn’t investigate when they reported they were raped in off-campus fraternities. They argued the university has substantial control over off-campus fraternities and are required to investigate.

Kansas State has argued laws don’t require the university to investigate sexual assaults when they happen off campus.