A judge has dismissed a lawsuit against Pacific University that alleged the school failed to minimize the risk of sexual assaults after a former student said she was raped by a football player.
The lawsuit filed in November 2015 was seeking $3 million for negligence.
The plaintiff alleged she was sexually assaulted by a football player she met at a party hosted by a basketball coach, who was also a former Pacific University basketball player, in November 2013.
The woman was a freshman at the time and said the football player helped her leave the party when police showed up, but then he assaulted her in a park near campus and again in his dorm room.
"Her level of intoxication was obvious,” according to the lawsuit.
The student, who ended up leaving Pacific University, reported the alleged assault to the school and police a few months later. The woman's attorney said the school eventually expelled the male student, but only after his client threatened to go to the press.
The case was dismissed on May 17. A judge granted the defendant's motion for dismissal, citing the plaintiff's failure to present facts that supported her claims in the lawsuit.
The case was dismissed without prejudice, meaning it could potentially be re-filed at a later date.
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