As we noted last month, University of Colorado was weighing its options in the wake of the 10th Circuit panel decision that reinstated two female plaintiffs' sexual harassment case against the university. Those options included seeking reconsideration from from the en banc (entire) 10th Circuit, appealing the panel decision to the Supreme Court, or going to trial. Today the Rocky Mountain News is reporting that CU lawyers have filed a petition for reconsideration by the 10th Circuit en banc.
CU is arguing that the panel decision departs from Title IX precedent by expanding university liability for sexual harassment by its students beyond what prior courts have allowed. The plaintiffs will oppose the petition and argue that under existing Supreme Court precedent, CU should be liable for the sexual misconduct of its unsupervised football recruits given the warning signs and the athletic department's policy of showing recruits "a good time."