Nine former Gophers football players accused of sexual assault in 2016 can proceed with their gender discrimination lawsuit against the University of Minnesota, the Eighth U.S. Circuit Court of Appeals ruled Tuesday.
The court cited the lawsuit's claim of "internal pressure on university officials to charge male football players with sexual misconduct" along with the lawsuit's allegation that the U's investigator "believed football players had covered-up sexual misconduct complaints" in a separate 2015 assault claim so the university was motivated to "punish as many players as possible in response to" the claims by the 2016 victim, a cheerleader identified as Jane Doe.
The lawsuit filed in 2018 by nine former players now returns to U.S. District Court for a possible trial after U.S. District Judge Donovan Frank dismissed it in 2019, citing "no factual support for their allegations of disparate treatment."
The players, identified as John Does, seek unspecified damages for willful and malicious discrimination. The men claim they suffered severe emotional distress and financial damage as a result of being falsely cast as sex offenders.
The allegations and the graphic investigative report on the incident rocked the football program. Hennepin County Attorney Mike Freeman reviewed the case at the time but did not charge anyone.
Initially, the university accused 10 Gophers football players of sexual misconduct after its own investigation. Five students were eventually expelled or suspended for violating the student conduct code, while the others were cleared on appeal. The players have claimed the woman initiated the sexual encounters involving the players and an underage recruit.
David Madgett, the attorney for the players, said the men were "unfairly judged" based on accusations. "It's years later but let's not forget, it destroyed many of these kids' lives," he said. "People have lost opportunities."
A university spokesman said, "The university is aware of today's ruling and is reviewing it in full but, as a general practice, we do not comment on active litigation." In previous court motions, university lawyers denied gender or race played a role.