CU Decision in the News

Last week we blogged about the 10th Circuit decision that paved the way for a jury to decide whether the University of Colorado did enough to protect female students from sexual assault at the hands of football recruits.

The Colorado Daily News is reporting that CU's attorney Larry Pozner has "all but ruled out the possibility of a settlement" and will likely choose a course of action that involves any or all of the following options: seeking a reconsideration of the panel ruling by the entire (en banc) 10th Circuit; appealing to the Supreme Court; and/or going to trial. Pozner does not seem intimidated by the prospect of a trial, calling it the first and only available opportunity for CU to present its version of the facts.

Elsewhere, Inside Higher Ed published an extensive analysis of the decision, including consideration of whether universities will be held to a higher standard of protection as a result. On one side of this question, Larry Pozner characterizes the opinion as a "twisting of Title IX law designed to render a university liable in all kinds of situations it can’t control." He fears "a brave new world that will require universities to monitor student activities and interactions in ways that go far beyond what they have been required to do previously."

Others do not see the sky falling in a world where universities are expected to protect students from sexual assault in the context of school-sponsored activities like football recruiting events. Florida Coastal law professor Nancy Hogshead-Makar says the opinion confirms that schools should have and effectively enforce an anti-harassment policy. "'If colleges have a policy, have done the training in the appropriate way, then they are taking appropriate action,' she said. 'It's not a huge burden.'"