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Ex-student’s Title IX suit against UA gets go-ahead from judge

by Jaime Adame | November 20, 2019 at 7:03 a.m.

FAYETTEVILLE — A federal district court ruling allows a lawsuit to move forward that claims the University of Arkansas, Fayetteville acted with “deliberate indifference” to a student’s report of rape.

A former UA student filed the Title IX lawsuit in 2016 in U.S. District Court in Fayetteville. Her case makes claims about the university’s response to her October 2014 report that she was sexually assaulted in her dorm room by another student.

The ruling Monday by U.S. District Judge P.K. Holmes III comes after University of Arkansas Office of General Counsel attorneys filed a motion seeking summary judgment in favor of the university.

Holmes used the word “misleading” four times in his 22-page opinion to describe communication from UA to the student now suing the university.

But he dismissed several claims in her lawsuit, including “pre-assault” allegations that UA should have done more to keep the alleged assailant from campus given his history, which included an arrest and a previous suspension.

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