Two of three legal claims were dismissed in a sexual assault mishandling lawsuit filed against University of Idaho by a former swim and dive athlete, according to a document filed in federal court Wednesday.
The court filing comes over three weeks after pre-trial hearings and before the suit is decided or settled.
Mairin Jameson filed her lawsuit October 2018 following public knowledge that UI mishandled her sexual assault report by not forwarding it to the dean of students’ office and by telling her UI could not investigate it because it occurred off campus. Both were violations of Title IX policy updated before Jameson’s report, which were made public by news reports.
The only legal violation Idaho Federal District Court Judge David Nye ruled stands in Jameson’s suit related to UI mishandling her 2013 sexual assault report is the university may have not adequately investigated prior allegations of assault and misconduct about her alleged assailant, Jahrie Level, made by other former students before he allegedly assaulted Jameson.
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“From our perspective, it’s good decision by the court,” said Brook Cunningham, Jameson’s attorney. “It’s the right decision.”
UI Director of Communications Jodi Walker declined to comment. The two other legal claims — alleging violations of state law and Title IX policy — were struck down by Nye, who ruled Jameson did not prove UI could not use the state’s two-year statute of limitations as a defense to it mishandling her 2013 sexual assault report.
Nye ruled even though the statute of limitations should apply to two of Jameson’s claims, her claim about UI’s lack of adequate response to prior accusations against Level stand. The judge’s ruling centered on a lack of clarity about whether Jameson knew of the prior accusations against Level.
Nye ruled that even though the statute of limitations should apply to two of Jameson’s claims, her claim about UI’s lack of adequate response to prior accusations against Level stand. The judge’s ruling centered on Jameson “having no reason” to look into the previous accusations against Level before he allegedly assaulted her.
Kyle Pfannenstiel can be reached at [email protected]