K.T. v. Culver-Stockton College, No. 16-3617 (8th Cir. 2017)Annotate this Case
The 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.