K.T. v. Culver-Stockton College, No. 16-3617 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the dismissal of plaintiff's complaint alleging a Title IX student-on-student harassment claim against Culver-Stockton College after she was allegedly sexually assaulted by a Culver-Stockton student on campus. The court held that, assuming arguendo that plaintiff's status as a non-student did not preclude her from asserting a Title IX harassment claim, the complaint failed to state a plausible claim to survive dismissal under Fed. R. Civ. P. 12(b)(6). In this case, plaintiff failed to plausibly allege that the college acted with deliberate indifference, the college had actual knowledge of discrimination, and that either the alleged misconduct or the college's response to plaintiff's allegations had the required systemic effect such that she was denied equal access to educational opportunities provided by the college.
Court Description: Shepherd, Author, with Smith, Chief Judge, and Arnold, Circuit Judge] Civil case - Title IX. Assuming arguendo that plaintiff's status as a non-student does not preclude her from asserting a Title IX harassment claim based on an assault she suffered while on defendant's campus on a sports recruitment visit, the district court did not err in dismissing the complaint for failure to state a claim as plaintiff failed to allege the college's deliberate indifference subjected her to harassment or made her vulnerable to it or that the college had actual knowledge of discrimination; nor does an allegation of a single sexual assault plausibly allege the pervasive discrimination required to state a peer harassment claim.
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