A civil suit filed by a former student who alleges that TCU fraudulently misrepresented campus safety could proceed to trial after a Tarrant County judge denied a motion on Thursday.
The plaintiff, K.S., who alleges that TCU misrepresented campus safety, an action that led to her sexual assault, should proceed to trial following a pretrial meeting Wednesday morning.
The pretrial meeting will determine if the full witness list provided by the plaintiff’s attorneys should be called.
The plaintiff’s attorneys for the case, which was originally filed in 2008, alleged that the university misrepresented campus safety when recruiting K.S., the plaintiff.
Attorneys for the university said that since the case was filed in 2008, several claims, such as negligence on the part of the university, were dismissed.
The suit alleges that “TCU fraudulently misrepresented the presence of safeguards against recruiting athletes who might pose a risk of harm to other students by assured Plaintiff and her family that athletes were recruited based on character as well as athletics.
According to her lawsuit, K.S. was drugged and sexually assaulted in 2006 by three former university athletes: Virgil Taylor, Lorenzo Jones and Shannon Behling. Criminal charges were dropped in 2008.
According to the lawsuit, the university also failed “to exercise direction and oversight to assure the health and safety of the student, by ratifying the deviant behavior of athletes.”
The case names TCU and the three athletes as defendants.
Documents filed in April 2009 dismissed the individual claims against university officials Victor Boschini, Nowell Donovan, Ray Brown, Daniel Morrison, Kyle Brennan, Gary Patterson, Neil Dougherty, Gayle Boydston and Susan Adams.
There are no pending motions to dismiss the case. The trial date will be set after the pretrial meeting.
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