A federal judge on Friday dismissed part of a lawsuit accusing the University of Kansas of violating Title IX in handling a former rower’s report of being raped on campus by a football player.

The key accusation that won’t go forward in court is Daisy Tackett’s allegation that KU was institutionally liable for her rape before it occurred.

Leaning on a precedent-setting Title IX case, Simpson v. Univ. of Colorado Boulder, Tackett alleged KU should have known there was a heightened risk of sexual assault at Jayhawker Towers apartments, where football players live with less supervision than 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.

“But these alleged policies played no part in plaintiff’s rape,” Judge J. Thomas Marten, in U.S. District Court in Kansas City, Kan., wrote in dismissing the claim and disputing its likeness to the Simpson case, which involved a university-funded program to show recruits “a good time.” “… There are no allegations that the Halloween party or the gathering at the Towers were university-sponsored or sanctioned, or that KU somehow encouraged the misconduct.”

Further, Marten wrote, Tackett’s allegation that KU should have known of a heightened risk of assault at Jayhawker Towers is “based on the stereotypical assumption that football players are more prone to commit sexual assault.”

Tackett, after withdrawing from the university, first sued KU in March 2016.

Daisy Tackett

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

“We are pleased the court has dismissed significant portions of this lawsuit,” KU spokeswoman Erinn Barcomb-Peterson said, in a statement sent via email. “Moving forward, we are confident the court will agree we’ve fulfilled our obligations to Ms. Tackett.”

Tackett’s attorney, Dan Curry, said that Tackett and her parents were ready to continue the court process.

“On the whole, we are pleased that the case has been allowed to proceed,” Curry said, in an email. “We are excited to begin discovery. We disagree (with the) court’s ruling on the Simpson liability theory, and we may appeal that decision down the road.”

KU had previously requested that the whole case be thrown out.

Marten said, in Friday’s filing, that he would allow other portions of Tackett’s suit to move forward, including claims that KU was “deliberately indifferent” to her rape report, that her rowing coach made inappropriate comments about rowers’ body types, and that the coach retaliated against her after she reported her rape to KU.

“At this stage, the court is not concerned with whether plaintiff will ultimately prevail, but whether she is entitled to offer evidence to support that claim,” Marten wrote, regarding the deliberate indifference claim. “Plaintiff has pled sufficient facts to allow her to offer evidence to support this claim even if recovery might appear remote on the face of the pleadings.”

Also on Friday, Marten agreed to allow Tackett to amend her lawsuit for a second time, adding information about the football player’s transcript and eventual transfer to another university, according to court documents. The judge noted that the case was still in early stages and that the additional information seeks to bolster Tackett’s original complaints rather than raising a new claim.

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’s access to educational opportunities.

A similar Title IX lawsuit by the other rower who said she was victimized by the football player, Sarah McClure, remains pending.

McClure was a week into her freshman year, in August 2015, when the man sexually assaulted her 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.

A judge has yet to rule on KU’s motion to dismiss McClure’s case, filed under the name Jane Doe 7.

Both women have publicly shared their names.