Here's the rundown:
1. The University is still moving to transfer venue, I presume to Knoxville.
2. The University says that the plaintiffs have failed to plead an essential element of their claim that the University is liable for the alleged sexual assaults. Specifically, UT says that the plaintiffs failed to plead that it had actual knowledge of facts from which it could have anticipated the alleged assaults.
3. UT claims that Jane Doe 1's claim for liability for sexual assault is outside the one-year statute of limitations.
4. UT moved to dismiss Jane Doe V's claim that the university retaliated against her because she failed to plead that UT acted with deliberate indifference.
5. UT claims that the plaintiffs lack standing to ask for an injunction requiring the University to remedy the alleged Title IX claims. This means that they are not the proper parties to ask for the relief.
6. The university is moving to dismiss some aspect of the Complaint that suggests that federal law preempts a right (that I presume the University has) under a Tennessee Administrative Procedures Act. I don't know what this is.
7. UT asks to strike Paragraph 26 of the First Amended Complaint. Paragraph 26 alleges: "In 1996, (then) Jamie Whited, the first female associate trainer in UT’s history, reported an incident to the Sexual Assault Crisis Center in Knoxville alleging that UT football player Peyton Manning had, in brief, “sat on her face” while she was assessing the extent of an injury. The incident was settled in 1997 for an undisclosed amount conditioned on the victim leaving her job at the University.
Basically they're asking how it would be possible to prevent sexual assaults or any suggested "culture" of assaults, and requesting that roughly 75% of the suit be immediately thrown out due to either statutes of limitations or improper use of Title IX. Secondly, they're calling Peyton's accuser and Trae Golden's booty call both absolute morons who serve no legitimate role in the suit. Lastly, they're using the 75+ witnesses they have as reason to keep the potential trial in Knoxville to avoid forcing mass witnesses to travel (the prosecution's "witness" list is nearly non existent).
I think any judge is going to have a very hard time finding UT guilty of anything, especially considering several of the alleged assaults... wait for it... didn't even occur on campus. And each athlete was either suspended immediately or transferred entirely.
1. The University is still moving to transfer venue, I presume to Knoxville.
2. The University says that the plaintiffs have failed to plead an essential element of their claim that the University is liable for the alleged sexual assaults. Specifically, UT says that the plaintiffs failed to plead that it had actual knowledge of facts from which it could have anticipated the alleged assaults.
3. UT claims that Jane Doe 1's claim for liability for sexual assault is outside the one-year statute of limitations.
4. UT moved to dismiss Jane Doe V's claim that the university retaliated against her because she failed to plead that UT acted with deliberate indifference.
5. UT claims that the plaintiffs lack standing to ask for an injunction requiring the University to remedy the alleged Title IX claims. This means that they are not the proper parties to ask for the relief.
6. The university is moving to dismiss some aspect of the Complaint that suggests that federal law preempts a right (that I presume the University has) under a Tennessee Administrative Procedures Act. I don't know what this is.
7. UT asks to strike Paragraph 26 of the First Amended Complaint. Paragraph 26 alleges: "In 1996, (then) Jamie Whited, the first female associate trainer in UT’s history, reported an incident to the Sexual Assault Crisis Center in Knoxville alleging that UT football player Peyton Manning had, in brief, “sat on her face” while she was assessing the extent of an injury. The incident was settled in 1997 for an undisclosed amount conditioned on the victim leaving her job at the University.
Basically they're asking how it would be possible to prevent sexual assaults or any suggested "culture" of assaults, and requesting that roughly 75% of the suit be immediately thrown out due to either statutes of limitations or improper use of Title IX. Secondly, they're calling Peyton's accuser and Trae Golden's booty call both absolute morons who serve no legitimate role in the suit. Lastly, they're using the 75+ witnesses they have as reason to keep the potential trial in Knoxville to avoid forcing mass witnesses to travel (the prosecution's "witness" list is nearly non existent).
I think any judge is going to have a very hard time finding UT guilty of anything, especially considering several of the alleged assaults... wait for it... didn't even occur on campus. And each athlete was either suspended immediately or transferred entirely.
