FAYETTEVILLE -- A federal judge Tuesday declined to dismiss a lawsuit filed by a former University of Arkansas student who says the school acted with "deliberate indifference" when she reported being raped by another student.
In September, the university filed a motion in U.S. District Court in Fayetteville asking to have the case dismissed.
The student's lawsuit states that UA violated Title IX, the federal law that prohibits sex-based discrimination at schools that receive federal funding. Federal authorities have said that under Title IX, schools must promptly and effectively address sexual harassment and sexual violence.
In September, UA argued in a court filing that the lawsuit failed to meet "the high standard for imposing Title IX liability."
But "dismissal is inappropriate at this stage," wrote U.S. District Judge P.K. Holmes III, stating that the former student "has alleged sufficient facts in her complaint to raise a reasonable expectation" that evidence may support her claims.
The judge's order did grant a request by UA to delay the discovery, or evidence-gathering, process pending any appeal, citing UA's intent to "appeal any decision contrary to its sovereign immunity position."
Questions of sovereign immunity involve whether governments and government employees should be shielded from lawsuits. UA has claimed in court documents that it should be shielded from a private claim made under Title IX that seeks monetary damages.
In October 2014, the woman bringing the lawsuit -- at the time a 19-year-old Razorback athlete -- told police and school officials that she had been raped. According to a police report, a man -- age 23 at the time and a former Razorback athlete -- told investigators that the encounter was consensual.
No criminal charges were filed in the case. The male student was expelled, then appealed that campus disciplinary action.
Metro on 11/23/2016