University puts five-year-old case to rest, Title IX adviser to be hired
CU attorneys have agreed to a $2.85 million settlement with two former students who sued the university after members of the football team allegedly sexually assaulted them at a 2001 recruiting party.
Lisa Simpson will receive $2.5 million and the second woman will receive $350,000, as part of the settlement in the landmark Title IX suit filed in 2002, said Simpson’s attorney Baine Kerr.
District court Judge Robert Blackburn determined in 2005 that there was not enough evidence under Title IX, and the case was dismissed. The 10th Circuit Court of Appeals in Denver overturned this decision in September.
“The district court of appeals ruled that there was no case to be brought to the jury; the facts as alleged did not constitute an action,” said CU President Hank Brown during a press conference Wednesday. “Circuit court has changed that standard.”
Title IX, enacted in 1972, states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
The ruling by the 10th Circuit Court of Appeals changed Title IX, Brown said.
“It changed the law, it ended up rewriting Congress’ statute,” he said.
The university settled to avoid additional years of litigation costs and legal uncertainty, Brown said.
“(The $2.85 million) was in the range that they thought was advantageous to move forward with,” Brown said.
The university’s insurance will fund the settlements, as stated in the two women’s Title IX settlement statements.
CU is responsible for $1 million of the external legal fees, Brown said, and the insurance company will cover the additional $2 million.
“My sense was that it was in the interest of the university to put it behind us at this point,” he said.
The university has also agreed to hire an independent Title IX adviser who students will be able to speak with directly and who will oversee any allegations of sexual harassment, sexual assault, discrimination and Title IX compliance.
The adviser will report directly to Chancellor Bud Peterson. However, if the chancellor does not comply, the adviser will report to university President Hank Brown, which will be public record, Kerr said.
“I am pleased with all steps the university takes to prevent any of its students from becoming future victims of sexual assault, and I encourage other institutions of higher education throughout the nation to take similar steps,” Simpson said in her Title IX settlement statement.
In addition, the university agreed to hire another victim’s assistance counselor for five years.
As of the original decision in 2005, there is a new university president, athletic director and two campus chancellors, among other changes.
“The university’s new leadership is dedicated to the reforms it has enacted, which was one of the reasons Ms. Simpson agreed to the settlement,” Kerr said in Simpson’s settlement statement. “To the extent that the lawsuit encouraged the university to implement those reforms, we are pleased to have provided that impetus.”
Many students have voiced their opinions on Brown’s decision as well.
“CU is trying to repair their reputation and they will use whatever means to repair it,” said Jeanne Vanderburg, 20, a sophomore international affairs major.
Others are more skeptical of the action.
“It seems a little shady that CU is settling on this instead of taking it to trial and finding out the truth,” said Laura Bate, 20, a senior international affairs and economics major.
Some draw connections to the sexual assault case at Duke.
“It reminds me of the whole Duke thing. Not to place judgment on Simpson, but she did put herself in the position,” said Chad Scott, 23, a senior environmental studies major. “What happened was definitely wrong but getting $2.5 million from CU after all that happened … CU has already paid the price.”
Stay tuned to the Campus Press for continuing coverage of this story.
Contact Campus Press Staff Writer Margot Schneider at Margot.Schneider@Colorado.EDU and Cameron Naish at Naish@Colorado.EDU
