MADELEINE BARLOW V. STATE OF WASHINGTON, No. 21-35397 (9th Cir. 2022)Annotate this Case
Plaintiff was raped by a fellow student two weeks after starting at the University of Washington. Plaintiff later learned that two other students had reported the same individual for unwanted sexual advances and contact. Plaintiff filed Title IX and common-law negligence claims against the University in the district court, which granted summary judgment to the University after finding that the University did not owe Plaintiff a duty of care. Plaintiff appealed.
The Ninth Circuit certified two questions to the Washington Supreme Court:
1. Does Washington law recognize a special relationship between a university and its students giving rise to a duty to use reasonable care to protect students from foreseeable injury at the hands of other students?
2. If the answer to question 1 is yes, what is the measure and scope of that duty?