162 F. Supp. 3d 1123
D. Or.2016Background
- Samuelson, OSU freshman, was drugged and raped off-campus in 1999; attacker was not an OSU student or associate.
- Samuelson reported the assault to OSU; OSU sexual assault counselor blamed her, offered little action, and did not contact further.
- OSU failed to take corrective action against the hostile environment around the football program after prior related incidents.
- In 1998–1999, Brenda Tracy’s rape by OSU football-affiliated individuals drew publicity and donor concerns; OSU did not implement substantial reforms.
- Riley, OSU head football coach at the time, suspended the implicated players for one game and placed them on probation; no broad program reforms followed.
- Samuelson learned of OSU’s knowledge of risk and failure to reform only years later, via media reports in 2014; she pursued Title IX and §1983 claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Title IX liability of OSU for campus sexual harassment | OSU's deliberate indifference allowed a hostile environment. | OSU lacked control over the off-campus harasser and off-campus context. | Title IX claim dismissed; lack of control over harasser/context bars liability. |
| Section 1983 claim for due process against Riley (danger creation/plausible accountability) | Riley’s inaction maintained or increased danger to Samuelson. | No affirmative action increased risk; qualified immunity applies. | Claim dismissed; Riley entitled to qualified immunity. |
| Equal protection claim against Riley | Riley discriminated based on gender through hostile culture and inadequate response. | No evidence of intentional gender discrimination or knowledge of Samuelson’s report by Riley. | Claim dismissed; Riley entitled to qualified immunity. |
Key Cases Cited
- Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (U.S. 1998) (deliberate indifference requiring actual knowledge and authority to remediate)
- Davis v. Monroe Cnty. Bd. of Educ., 526 U.S. 629 (U.S. 1999) (recipient liability for severe, pervasive, hostile student-on-student harassment)
- Cannon v. Univ. of Chicago, 441 U.S. 677 (U.S. 1979) (Title IX implied right of action)
- Stanley v. Tr. of California State Univ., 438 F.3d 1115 (9th Cir. 2006) (limitations borrow statute for Title IX actions)
- Simpson v. Univ. of Colorado Boulder, 500 F.3d 1170 (10th Cir. 2007) (official policy/Monell framework requires control over harasser/context)