A sweeping sexual assault lawsuit against the University of Tennessee will proceed, after a federal judge denied a motion by attorneys for the university to dismiss the case.
Out of a number of requests for dismissal by university lawyers, U.S. District Judge Aleta Trauger granted one.
The statute of limitations expired for one plaintiff's claims alleging a pattern and practice of deliberate indifference to sexual assaults and misconduct by UT athletes before her alleged sexual assault in 2013.
The plaintiff alleged that pattern existed before she was assaulted by a former basketball player. The judge ruled that the time limit on those claims have passed, but the same plaintiff may still pursue allegation about the university's actions after she reported the alleged assault.
The judge ruled that seven other plaintiffs in the lawsuit can continue with similar claims of deliberate indifference before sexual assaults took place. All eight plaintiffs may continue with claims that the disciplinary process in place after sexual assaults were reported were biased against victims.
The judge also ruled against the university's motion to dismiss a claim brought by one of the plaintiffs who was not sexually assaulted, but who claimed she was retaliated against after her roommate was assaulted. That claim will continue, she ruled.
The university responded to the ruling with an statement by Bill Ramsey, the Nashville attorney hired to represent UT in the suit:
“We appreciate the Judge’s consideration of dismissal of certain issues with this case especially in light of the case’s difficult nature as it involves the lives and well-being of young people. Under the standard for a motion to dismiss, the Court was required to accept the allegations in the complaint as true for purposes of ruling on the motion. We maintain our position that the allegations put forth in the lawsuit regarding the University are unfounded and without merit. We are confident that once all of the facts are considered instead of only the allegations in the complaint, Plaintiffs will be unable to prove their claims.”
This story will be updated on the Tennessean
