MINNEAPOLIS — A federal judge has dismissed a lawsuit filed against the University of Minnesota (U of M) by a group of former football players who alleged that the institution discriminated against them on the basis of their gender.
U.S. District Court Judge Donovan Frank granted the U of M's motion to dismiss the lawsuit with prejudice, which by definition means it can not be refiled.
The lawsuit followed an incident on campus in 2016 where a female student alleged that a group of Gopher football players and at least one recruit engaged in repeated non-consensual sex acts with her, or watched and cheered as others engaged in those acts.
The Sept. 2 incident, which followed a season-opening win, did not yield criminal charges by the Hennepin County Attorney's Office but triggered suspensions, expulsions and an investigation by the university's Equal Opportunity and Affirmative Action Office. That review found it was "more likely than not" most of the students violated the U's Student Conduct Code. In all, 10 of the 12 people accused in the incident ended up facing discipline in the form of suspensions or expulsions.
Ten of those accused students went on to file a lawsuit, alleging the university was guilty of race discrimination, sex discrimination, breach of contract and negligence, among other things. Before Monday's decision by Judge Frank, all the claims had been dismissed by two separate courts except one, that the U of M targeted and unfairly punished them because they are male.
After considering the claims of the former players, Judge Frank ruled they had failed to provide adequate evidence or prove their claims. "While Plaintiffs’ make numerous allegations of sex discrimination, they have failed to put forth sufficient evidence to support these allegations," the judge wrote in his decision. "At summary judgment, Plaintiffs cannot rely on “[m]ere allegations, unsupported by specific facts or evidence beyond [their] own conclusions."
A spokesperson for the U of M released a statement on the developments Monday afternoon.
"The University appreciates the carefully considered decision of U.S. District Judge Frank, which affirms the actions taken by the University in this case. The important work of preventing sexual misconduct is ongoing," said U of M spokesperson Jake Ricker in a released statement. "We will continue to focus on sexual misconduct awareness, prevention and response through the President's Initiative to Prevent Sexual Misconduct and other programs for our students, faculty, and staff. Meanwhile, we are continually investing in the resources and support needed by those who have experienced misconduct."
KARE 11 is in the process of reaching out to attorneys for the plaintiffs to gather their reactions to the decision.
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