Navigation University, Housing Complex Owed No Duty to 'Take Administrative Action' on Student's Title IX Claims
“Plaintiff’s claim that Liberty owed her a duty to take administrative action either before or after a sexual assault fails because such a duty is not recognized in Virginia,” wrote U.S. District Judge Norman K. Moon of the Western District of Virginia. “Second, Plaintiff argues that Liberty had a duty to Plaintiff via Oasis Defendants’ actions, because The Oasis is a ‘de facto’ student dormitory … This claim fails as well. As mentioned above, Liberty does not have a special relationship to Plaintiff solely by virtue of being the university she attended. Now, assume arguendo that a close relationship exists between Liberty and Oasis Defendants such that Oasis Defendants’ duties became Liberty’s. Even then, Oasis Defendants … had no duty to Plaintiff.”
