Judge dismisses Title IX claims against Nebraska

A federal judge in Nebraska dismissed the claims of four female students who had sued the University of Nebraska alleging that the school failed to adequately respond to their reports of being sexually assaulted and harassed by male athletes.

In his ruling issued Wednesday, Chief U.S. District Judge Robert F. Rossiter, Jr., wrote that the school's actions, even with reported delays and missteps, did not reach the threshold of being «deliberately indifferent,» and did not put the students at risk for further harm or violate their civil rights.

The dismissal came almost a year after the U.S. Department of Justice, in a rare move, filed a statement of interest in the lawsuit. The DOJ accused the university of «erroneously» misapplying, conflating and misreading Title IX sex discrimination laws in the university's response to the women's lawsuit. The DOJ's statement, filed in June 2021, said that the university adopted an unnecessarily restrictive definition of what it means to suffer harassment and discrimination under Title IX.

A DOJ spokesperson did not immediately respond to a request Thursday for comment.

The judge also dismissed the claims of three other female students with similar allegations against the university. He ruled in favor of two of the plaintiffs — whose reports did not involve athletes — and allowed their portion of the lawsuit to proceed.

Elizabeth Abdnour, an attorney for the plaintiffs, said Thursday that she was «excited to see that the court acknowledges the severe harm» that the two women experienced, and is «currently reviewing options regarding the other plaintiffs.»

A university spokesperson issued a statement saying that the university «is pleased with the Court's decision to dismiss seven of