DENVER -- Attorneys for two women who sued the University of
Colorado alleging they were raped by football players and recruits
took the first step Friday in appealing the dismissal of their case.
Attorneys for the women had promised they would appeal after
U.S. District Judge Robert Blackburn refused to revive the case in
March. Blackburn had said earlier the women failed to prove their
claims enough to require a trial.
"The plaintiffs are really looking forward to the opportunity
to have their case heard," attorney Kimberly Hult said.
Attorney Dan Reilly, who represents the university, said Blackburn wrote "not one but two well-reasoned and well-supported decisions dismissing this case'' and predicted the appeals court would rule the same way.
The women argued that Colorado violated federal Title IX gender-equity
law by fostering an atmosphere that led to their alleged assaults
at an off-campus party in 2001. Police investigated, but no sexual
assault charges were filed.
In his March order, Blackburn said that despite new evidence
showing Colorado coaches and trainers might have known about sexual
assault and harassment problems before the alleged assaults, the
women still had not shown they could prove violations of Title IX.
"There is no doubt that some of the harassment, abuse and
assaults reflected in the record are shameful at best and criminal
at worst," the judge wrote.
"A cry for justice, however, does not mean that Title IX should
be expanded to provide justice simply because the cry for justice
has not been answered otherwise."
Blackburn has said the plaintiffs failed to prove the school had
knowledge of sexual harassment of female students by football
players and recruits. He also said they didn't show the school was
deliberately indifferent to any known sexual harassment. Both
standard must be met to sue a public university under Title IX.
One of the plaintiffs, Lisa Simpson, has agreed to be publicly
identified but the other has not. The Associated Press does not
identify alleged victims of sexual assault unless they agree.
Friday's filing is the first step toward the case being heard by
the 10th U.S. Circuit Court of Appeals in Denver. A hearing there
could be months away.
Hult and another attorney for the plaintiffs, Baine Kerr, said
in a statement they would be helped in the appeal by Stanford Law
School associate dean Pamela Karlan and Patricia Wald, a former
chief judge for the U.S. Court of Appeals for the District of
The lawsuit erupted into a football recruiting scandal that led
to the resignations of several CU officials over allegations that
the football program used sex and alcohol to entice top recruits.
Since early 2002, the school has seen the resignations of President
Betsy Hoffman, Boulder campus Chancellor Richard Byyny, athletic
director Dick Tharp and football coach Gary Barnett.
A grand jury investigation resulted in only one indictment in
which a former football recruiting aide pleaded guilty to charges
of soliciting a prostitute and official misconduct.
A separate investigation backed by the CU Board of Regents
concluded that drugs, alcohol and sex were used to lure blue-chip
recruits to Boulder but said none of the activity was knowingly
sanctioned by university officials.
The school responded by overhauling oversight of the athletics
department and putting some of the most stringent policies in place
for any football recruiting program.