sexual misconduct
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Appeals court rules Fremont County must compensate victims of jail deputy’s sexual misconduct
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Colorado’s second-highest court concluded last week that Fremont County is responsible for paying $128,357 to two women who were victims of a jail deputy’s sexual misconduct. Samantha Hudnall and Marisa Palmas sued former Deputy Brandon Lucero for violating their rights under the Colorado Constitution. Lucero failed to respond to the allegations and a trial judge…
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Colorado justices: Witnesses cannot be sued for statements in campus sexual misconduct proceeding
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The Colorado Supreme Court walked back a decision by the state’s second-highest court, concluding on Monday that witnesses in a school sexual misconduct investigation could not be held liable for defamatory statements even if the proceedings lacked key protections for the accused student’s rights. Generally, what someone says during the course of judicial proceedings has…
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Colorado justices weigh rights of accusers, accused in campus sexual misconduct inquiries
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Members of the Colorado Supreme Court considered on Wednesday whether alleged victims of campus sexual misconduct can be sued for statements they make during a school’s investigation, especially if the inquiry lacks safeguards protecting an accused student’s rights. Generally, what someone says during the course of judicial proceedings has “absolute privilege,” meaning their statements cannot…
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Appeals court rejects student’s lawsuit against Regis University over misconduct investigation
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Colorado’s second-highest court on Thursday rejected a male student’s lawsuit against Regis University for allegedly performing a flawed investigation into the sexual misconduct complaints about him. The plaintiff, identified as J.L., was the subject of an inquiry after three female students accused him of unwelcome advances or improper touching. Following an investigation that found J.L. violated…
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Colorado justices open to viewing campus sexual misconduct policies as ‘contracts’
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After Colorado’s second-highest court concluded the University of Denver’s promise of a “thorough, impartial and fair” investigation into alleged sexual misconduct was sufficiently descriptive to be an enforceable contract, the school appealed, claiming accused students should not be able to sue over vague terms like “fair.” During oral arguments on Tuesday, the justices agreed with…
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Jeffco student may pursue defamation claims against sex assault accusers, appeals court rules
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A former student of Evergreen High School may proceed with his defamation claims against two of his classmates and their mothers for calling him a “predator” and an assailant to school officials, even after he had been acquitted of criminal charges related to sexual misconduct. The decision from the state’s Court of Appeals last week…
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Former Colorado judge censured over sexual misconduct
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A special tribunal of the Colorado Supreme Court on Monday censured former Mesa County District Court Judge Lance P. Timbreza for his inappropriate sexual contact with another lawyer – the latest incident in Timbreza’s history of misconduct while on the bench. For the first time ever, the Supreme Court justices did not hand down the censure.…
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State Supreme Court takes up 2 drunk driving appeals, case about campus sexual misconduct
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The Colorado Supreme Court on Monday agreed to review three appeals that implicate the state’s drunk driving laws and the legal obligation of universities to conduct fair investigations into alleged sexual misconduct. At least three of the court’s seven members must consent to review a case. One appeal raises yet another angle in the long-running fallout…
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Appeals court allows expelled DU student to sue over allegedly unfair sexual misconduct inquiry
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A male student who the University of Denver expelled for sexual misconduct may sue the school for its alleged failure to conduct a fair and impartial investigation, the state’s second-highest court ruled on Thursday. “John Doe,” as the student is identified in court documents, claimed that DU investigators refused to interview his witnesses, did not…
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University’s handling of sexual misconduct case did not violate accused student’s rights, judge rules
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A federal judge concluded that the University of Northern Colorado afforded a student found responsible for sexual misconduct the level of procedural protections that the U.S. Constitution requires, without violating his rights. At the same time, U.S. Magistrate Judge Michael E. Hegarty observed that UNC’s process for investigating Torrence Brown-Smith nonetheless contained noticeable defects. “Plaintiff…
