A federal judge denied a motion from lawyers representing the University of Tennessee to dismiss a sexual assault lawsuit against the university, according to an order released Wednesday by Judge Aleta A. Trauger.
All of the plaintiffs will be able to continue their complete case with the exception of one. Judge Trauger ruled that the statute of limitations has expired for the plaintiff labeled Jane Doe I.
“There is nothing in the FAC to suggest that Jane Doe I did not have all the information she needed to bring a Title IX claim against UT based on her “before” theory of liability as of the date she was assaulted,” Trauger wrote in her order on Tuesday. “Yet, she waited until the statute of limitations had expired to even enter the tolling agreement with UT that the plaintiffs now allege renders her claim timely. The tolling agreement cannot save Jane Doe I’s “before” claim, and the court must, therefore, grant UT’s motion to dismiss this claim.”
Jane Doe I’s “before” claims in the case are dismissed, but she can continue “after” claims.
Attorney Bill Ramsey, who is representing UT in this case, released a statement on Tuesday afternoon:
“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.”
