Two sexual assault-related lawsuits against University of Idaho are scheduled to go to pretrial hearings within the next two weeks, according to documents filed earlier this month in federal court.
Both plaintiffs seek undisclosed amounts of compensation.
The suits are two of at least three sexual assault-related lawsuits against UI since 2016. Hearings come before possible jury trials, a decision left to the judge. Most lawsuits are settled and they are typically decided or settled without a trial, said Greg Sergienko, a professor of law who specializes in civil litigation at Concordia University School of Law. Settlements are still possible before a potential trial, but none of the parties have commented on settlement talks.
UI spokesperson Jodi Walker, speaking about how frequently UI settles suits, said “we settle more often than we go to court.” She declined to comment on the suits specifically because they are pending litigation, as did the plaintiffs’ Spokane- based attorney, Brook Cunningham, of Randall | Danskin.
One suit, filed by swim and dive athlete Mairin Jameson, is related to UI mishandling her sexual assault report in 2013. Its hearing is on UI’s request to dismiss the suit, claiming she did not prove a legal basis to claim a violation. Jameson’s casewas filed last October, months after news reports confirmed that UI’s now-terminated athletic director, Rob Spear, mishandled her report by not forwarding it to the dean of students office and by telling her UI couldn’t investigate it because it occurred off campus.
U.S. Department of Education (DOE) sexual misconduct reporting guidelines require such reports be passed to the dean of students office the way Jameson reported. UI’s jurisdiction, as of 2012, includes off-campus sexual harassment and violence, which applied to Jameson’s case. An external report released weeks before Spear’s termination found UI bore some responsibility for the mishandling because of “seriously under promoted” communication about policy changes regarding sexual assault investigations.
Jameson’s assault report was forwarded to police, who obtained video evidence of the spring semester assault. The alleged assailant who was a football player, Jahrie Level, was later expelled from UI, according to UI.
The other suit, filed for a former student The Argonaut is not naming, alleges UI mishandled her 2016 sexual assault report by not providing proper accommodations during and after university hearings, which resulted in an investigative report that concluded the alleged assailant likely assaulted her. She alleges a slew of mishaps, including two related to UI not separating her alleged assailant from her in classes they shared, though she claims administration promised once to address her concerns.
The alleged victim filed her suit in 2017. Her alleged assailant filed his suit against both UI and its dean of students office in 2016. His suit was dismissed in Latah County District court in last June, state court records show.
The Argonaut does not name victims or alleged victims of crimes, but Jameson previously agreed to be named in a story last March. The Argonaut is not naming the other female plaintiff.
The suit filed for the former student who The Argonaut is not naming has involved both parties exchanging documents detailing arguments and evidence.
The former student alleges in her complaint that her alleged assailant was allowed to remain in classes the two shared, despite a no-contact order placed. Instead of removing the alleged assailant from classes the two shared, the student alleges a UI administrator told her being moved to the back of their shared class was sufficient and that they told the her she could move to Boise.
The student also claims that when she told another administrator about her discomfort being in class with the alleged assailant after a UI review found the alleged assailant likely assaulted her, the administrator offered to allow her to view lecture recordings, which she called “the bare minimum of responsible communication between colleges, required to maintain safety” in a letter to the administrator, cited in her complaint.
UI, in November, filed a motion to dismiss Jameson’s suit, claiming the other party could not prove a legal basis to claim a violation. Jameson’s attorneys replied to the motion in early December and UI replied less than two weeks later.
Jameson, in the suit, argues the football player who allegedly assaulted her, Level, was known to be a threat to UI because of two prior sexual misconduct reports. Jameson also argues UI violated her rights to be free from gender discrimination, protected under DOE guidelines called Title IX, in two ways: by acting “with deliberate indifference in failing to respond or investigate these” reports and by providing false information about UI investigatory ability for the report.
Among the arguments both sides of the Jameson suit have said in other court documents: UI, in its motion for dismissal, argued Jameson’s claim is past the two-year statute of limitations. She rebutted in a response that she found out last year about UI’s failure to protect her from gender discrimination, which she argues should mean the state of limitations started last spring.
UI argued in its final response document, citing case law, that the statute of limitations applies here, saying the two years begin when the plaintiff is aware of an injury, not when they suspect violations.
Jameson’s hearing is set for 2 p.m. Sept. 3 in Idaho District Court in Coeur d’Alene. The hearing for the student The Argonaut is not naming is set for 10 a.m. Sept. 4 in the same courthouse.
Kyle Pfannenstiel can be reached at [email protected] or on Twitter @pfannyyy