Three former basketball players appeal to court, request jury trial against the university

The No. 17 Oregon Ducks play the California Bears at Matthew Knight Arena in Eugene, Ore. on Jan. 9, 2014. (Michael Shaw/Emerald)

Three former University of Oregon basketball players appealed a federal court decision to dismiss their cases on Oct. 11, according to court documents.

The plaintiffs, Brandon Austin, Dominic Artis and Damyean Dotson, were expelled and banned from campus for allegedly raping a female student in March 2014. They later filed lawsuits stating that university officials were biased towards their cases and violated their rights.

“Plaintiffs are rather mindful how unwelcome a Motion To Reconsider can be received,” the court document states. “As such, plaintiffs submit this motion with the expectation this court will see that there is indeed more information that could be pled.”

The plaintiffs also demanded a trial jury, court documents show.

Attorneys for the university sought dismissal of the lawsuits on Aug. 9, stating that the university has a duty to respond to alleged sexual assault on campus, in accordance with federal Title IX protections.

Oregon Federal District Judge Michael McShane dismissed their lawsuits in September, stating there’s no substantial evidence that “the actions of the University were motivated by gender bias or that the University deprived Plaintiffs of a due process right,” the order reads.

This is the latest episode in a string of lawsuits surrounding an alleged rape committed by the three former basketball players in March 2014.

Since then, the university has settled with the alleged victim for the amount of $800,000 and a full-ride scholarship. The university also settled with two former counseling center employees for $425,000 in July. About the same time, director of the University Testing and Counseling Center Shelly Kerr was fined by the Oregon Board of Psychologist Examiners for failing to take reasonable precautions to protect the student’s confidential mental health information.

 


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