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Female student can sue university for assault, rules 10th Circuit

A university can be sued by female students who were allegedly sexually assaulted during the course of a recruiting program designed to show high school football recruits a "good time," the 10th Circuit has ruled in reversing summary judgment for the school.

Two female students sued the

University of Colorado Boulder, claiming violations of Title IX after they were allegedly sexually assaulted by university football players and high-school recruits.

They presented evidence that the recruits were assigned female "ambassadors" who were responsible for entertainment, at least some of the recruits had been promised an opportunity to have sex and the university was aware of the risks of possible sexual assault based on past incidents and a meeting between the local district attorney and university officials, but failed to take any preventative action.

The university moved for summary judgment, arguing that it had no actual notice of sexual harassment or assault by recruits and football players, and that there was no evidence it was deliberately indifferent to this possibility.

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