College Student Sexually Assaulted at School Permitted to Bring Claim Against University under Federal Statutes

On February 11, 2008 the Court of Appeals for the State of Washington provided victims of campus violence with an avenue to seek damages for victims of rape and sexual assault under the legislation passed by the United States Congress in the early 1970’s known as Title IX.

In the case, the victim of rape by a fellow student and member of the football team for the University of Washington alleged that the actions of University officials following her report of rape, couple with the trauma of the rape, deprived her of her right to be free from sex discrimination in education programs, thus violating Title IX of the Education Amendments of 1972.  Reversing the decision of the lower court, the Court of Appeals found that there was sufficient evidence to warrant the jury’s consideration of her Title IX claim.

Following the U.S. Supreme Court’s decision in Davis v. Monroe County Board of Education, the Court in Washington found that where the victim can demonstrate (1) sexual harassment which was so severe, pervasive, and objectively offensive that it could be said to deprive the victim of access to educational opportunities or benefits provided by the school, (2)where the university as a recipient of federal funding had actual knowledge of the sexual harassment, and (3) where the university was deliberately indifferent to the harassment, a cause of action existed.

In the University of Washington case, the Court found that the victim submitted sufficient evidence of her distress, anxiety, and emotional hurt that interfered with her studies.  She provided evidence that the enjoyment of student employment opportunities was compromised by university official.  All of this evidence supported her claim that the university’s handling of her rape report resulted in her being denied the full benefit of her educational experience.