MADELEINE BARLOW V. STATE OF WASHINGTON, No. 21-35397 (9th Cir. 2022)
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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?
Court Description: Certification of Questions to State Supreme Court In an appeal from the district court’s grant of summary judgment to defendant University of Washington on Title IX and common law negligence claims, the panel certified to the Washington Supreme Court the following questions concerning the negligence claim: 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? In a concurrently-filed memorandum disposition, the panel affirmed the district court’s summary judgment on the Title IX claim. BARLOW V. STATE OF WASHINGTON 3
The court issued a subsequent related opinion or order on March 26, 2024.
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