KU files motion to dismiss lawsuit, arguing reported sexual assault was properly investigated and handled

The University of Kansas is requesting a federal judge throw out a lawsuit claiming the school violated laws requiring students to be protected from sexual assault.

The lawsuit, filed by former KU rower, Sarah McClure, claims the university failed to follow Federal Title IX requirements, which forbid gender-based discrimination in education and requires the school to work to prevent sexual harassment and violence.

McClure said she was sexually assaulted by a KU football player and that her rowing coach retaliated against her after she reported the assault.

On Friday, KU filed a motion to dismiss arguing the school “regrets” McClure “feels like she was exposed to any form of sexual harassment,” however her lawsuit has no grounds because the university may only be held liable “when it has the actual knowledge of ongoing sexual harassment and remains deliberately indifferent to it.”

“Here there were no prior allegations of sexual assault,” the motion says. “And when (McClure) reported the matter two months later, KU investigated the matter and, and the assailant was expelled.”

On Sept. 2 KU offered a similar claim in another lawsuit filed by Daisy Tackett, a second former university rower who says the same football player raped her.

McClure said she was raped on Aug. 29, 2015 and reported the incident to police that October. The district attorney’s office found no basis for filing charges against the man.

Tackett said she was sexually assaulted in October 2014 and filed a report with KU a year later.

Neither McClure nor Tackett sued their alleged assailant, and he has not been charged with any crimes.

KU has filed two motions to dismiss, both in McClure’s case and in Tackett’s case.

“As we have said since these cases were filed, we are confident the courts will agree that we’ve met our obligations to both Ms. McClure and Ms. Tackett,” said KU spokeswoman, Erinn Barcomb-Peterson.

While both McClure and Tackett are suing KU separately in federal court, the pair and their parents are also suing the university in Douglas County District Court. That lawsuit claims KU violated the Kansas Consumer Protection Act by misleading the public to believe campus housing is safe.

KU has asked Douglas County District Court Judge Kay Huff to dismiss the third lawsuit. She has taken the request under consideration.