A federal judge on Monday dismissed several claims by a former University of Colorado Colorado Springs student pertaining to one professor’s alleged sexual misconduct towards her.

Kristen Gearhart filed suit in April 2024 against the university, its chancellor, multiple employees and mathematics Prof. Mark Tomforde. She alleged Tomforde had a history of misconduct toward women at his prior institution, and he used his position at UCCS to “groom” and manipulate Gearhart into a sexual relationship.

In an Aug. 25 order, U.S. District Court Judge S. Kato Crews acknowledged the allegations were “particularly troubling if true.” But he believed many of Gearhart’s claims were not viable on various grounds. Further, he slammed Gearhart’s attorney for poorly presenting and arguing her claims in the 507-paragraph lawsuit.

“It is not Defendants’ responsibility to take their best guess at what claims are asserted against them and hunt through the literal hundreds of allegations to determine whether there is factual support for these claims. Nor will this Court engage in the task,” Crews wrote. “It is Plaintiffs’ burden of clarity and her counsel may not shift it to her opponents or this Court.”

Although Colorado Politics does not typically name alleged victims of sexual assault, Gearhart filed suit under her full name and did not seek anonymity from the court.

The lawsuit alleged Tomforde was a professor at the University of Houston between 2006-2020, where he engaged in inappropriate behavior towards women. The Math Department at UCCS, which had zero or close to zero tenured female professors, hired Tomforde despite his alleged history.

Gearhart’s complaint listed several instances in which Tomforde allegedly touched her non-consensually or spoke in sexual terms to her. She allegedly felt pressured to acquiesce to his demands because he “had the ability and power to academically and professionally sabotage Plaintiff” if she resisted.

Eventually, Gearhart made a report to the university. The investigation was allegedly meager and was quickly closed. Department leaders then allegedly retaliated against her, including by removing her academic and teaching duties and spreading false stories about her.

Tomforde responded to the complaint by broadly denying Gearhart’s allegations. He did admit, however, “that there was an inquiry by the University of Houston” related to student complaints and that Gearhart “informed him that she had reported his activity.”

Tomforde filed a motion to dismiss Gearhart’s claims that he violated her right to due process, deeming them not viable. He otherwise did not seek to immediately toss her other claims.

The remaining defendants, including the university and individual staff, also sought to dismiss Gearhart’s claims against them.

“First, it’s wholly unclear what constitutional right she alleges the University violated,” wrote Senior Assistant Attorney General Megan Clark. “The end result is that it’s not clear at all what Plaintiff is claiming.”

“The Complaint alleges the University Defendants had notice but took minimal, if any, corrective action to stop the discrimination against Plaintiff,” wrote Gearhart’s attorney, Paul Linnenburger.

Crews, in his order, largely agreed with the defendants’ arguments. He believed the lawsuit “does not identify any constitutional violations for which the University is to be held liable.” Moreover, Gearhart left UCCS in 2022 and she had not stated any claims that would entitle her to reinstatement as a graduate student and instructor.

Crews added that Gearhart’s claim under Title IX, the civil rights law banning sex discrimination in federally funded educational programs, were brought beyond the two-year legal window. He found that Gearhart’s other allegations of retaliation or reputational damage did not meet the required threshold.

He directed the discovery of evidence to begin on Gearhart’s remaining claims against Tomforde.

The case is Gearhart v. University of Colorado Colorado Springs et al.