Courts allow former rower to sue KU in sexual assault Title IX claim

A federal district court will allow a former University of Kansas rower to sue the school on claims it was deliberately indifferent and retaliated against her after she reported a football player sexually assaulted her at a campus dorm.

The court, however, ruled against the rower — referred to in the court document as Jane Doe 7 — on a claim that the university provided a hostile environment at Jayhawker Towers, where she says she was assault in August 2015.

Jane Doe 7 later identified herself as Sarah McClure and filed her suit against KU in April 2016. McClure said in the suit the university violated Title IX, the law prohibiting gender discrimination and protecting against sexual violence and harassment. It also says the school discriminated against her because of a disability — she has an autoimmune disorder that affects her diet.

It additionally said the university failed to stop retaliation against her from the football player and members of the rowing team’s coaching staff after she reported the sexual assault.

The football player was not named in the original court documents but was instead referred to as John Doe G. The Star later learned that Jordan Goldenberg Jr., a former KU long snapper, is John Doe G.

Last week, the court issued a similar ruling in another Title IX sexual assault lawsuit filed separately against KU and involving the same football player. Another rower, Daisy Tackett, sued the university in March 2015. Her suit made similar claims, including that she had been sexually assaulted by Goldenberg in Jayhawker Towers.

Last spring, KU asked the court to dismiss the two suits, calling the claims “baseless.”

On Friday, Erinn Barcomb-Peterson, a KU spokeswoman, said the university is “pleased the court has dismissed portions of this lawsuit. Moving forward, we are confident the court will agree we’ve fulfilled our obligations to Ms. McClure.”

Dan Curry, attorney for McClure and Tackett, said, “I know the McClures are happy with the order, which allows them to prosecute their claims against KU. I know they want to get to the bottom of why KU allowed this all to happen.”

A university investigation concluded in March that Goldenberg had “nonconsensual sex” with Tackett and harassed McClure.

University investigations use preponderance of evidence standards — which means the matter in dispute is more likely than not to be true — to determine if violations of school policy occurred. No criminal charges were filed against Goldenberg, who agreed to leave KU rather than be expelled.

The university has also requested the courts dismiss a third lawsuit filed by Tackett’s parents and joined by McClure saying that KU falsely advertised the Lawrence campus and the dorms as being safe.

No decision has been made on that suit.

This story was originally published February 17, 2017 at 6:33 PM with the headline "Courts allow former rower to sue KU in sexual assault Title IX claim."