University of Colorado to Face Trial for Alleged Off-Campus Gang-Rape

In what could be a very significant torts case, the 10th Circuit Court of Appeals has reversed a trial judge and found that the University of Colorado can be sued for the alleged gang rape by football recruits. The case is a very bold extension of traditional tort principles, not only because it is off-campus but possibly criminal conduct committed by non-employees. Criminal or intentional torts often cut off liability under vicarious liability claims. Moreover, in cases alleging (as here) the creation of an environment for abuse, a strong and direct nexus must be shown. The ruling will likely send shockwaves through the ranks of university lawyers and administrators. For the story, click here