Women seek to update sexual assault lawsuits against KU

Two women who said they were sexually assaulted by the same University of Kansas football player are seeking to add new information to their lawsuits against KU.

In federal court documents filed this week and last, the women question whether KU in fact added a notation to the man’s transcript to show he was expelled for nonacademic misconduct.

According to letters from KU officials to both women, filed in court, KU found the man responsible for the assaults, he was “effectively permanently expelled,” and a notation would be placed on his transcript. However, citing media reports that the man transferred to an out-of-state school, proposed amendments to the women’s initial lawsuits accuse KU of concealing “the fact that they were allowing John Doe G to withdraw from the University in lieu of expulsion.”

KU finds responsibility based on the standard of preponderance of the evidence; that is, it is more likely than not that misconduct occurred — a lower burden of proof than the guilt beyond a reasonable doubt standard required in criminal cases.

Former KU students and rowing team members Daisy Tackett and Sarah McClure both sued KU this spring, saying KU failed to appropriately investigate and resolve their sexual assault reports. They also say their rowing coach retaliated against them after they reported.

Tackett said she was raped in October 2014 and McClure said she was sexually assaulted in August 2015, both at KU’s Jayhawker Towers apartments by the same man. Both women reported their assaults to KU in October 2015. McClure also reported her assault to KU police, though no criminal charges resulted. Tackett did not report her assault to police. The lawsuits name the football player as John Doe G. The man is not being sued by the women, and he has never been charged with a crime in either incident.

The court has yet to decide whether to allow the new accusations to be added to the petitions, and KU has not had a chance to respond to them in court.

“As we’ve stated all along we’re confident that we’ve met our obligations to Ms. McClure and Ms. Tackett, and that the court will agree,” KU spokeswoman Erinn Barcomb-Peterson said this week.

Barcomb-Peterson said she could not share information about what is on the man’s transcript, citing federal student privacy laws.

KU’s policy when a student is expelled for sexual assault is to add a transcript notation indicating expulsion for nonacademic misconduct, though additional description is not listed on the transcript, Barcomb-Peterson said.

The Journal-World does not identify people who claim to have been sexually assaulted but did so in this case because the women wanted their identities to be known.