Simpson v. University of Colorado

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Lisa Simpson v. University of Colorado Boulder was a 2007 ruling by the U.S. Tenth Circuit Court of Appeals. The court said there was enough evidence that the University of Colorado Boulder acted with deliberate indifference to sexual assault on campus under Title IX, despite officials like football coach Gary Barnett knowing about the risk.

In 2001, a female student, Lisa Simpson, says she was sexually assaulted by a male student at CU Boulder. She reported the attack, the university investigated, and the man was found responsible, but he faced no disciplinary action and could continue attending classes with Simpson.

Simpson sued the university, claiming Title IX violations. A lower court dismissed the case, but on appeal it went to trial in 2004. The jury found the university liable for failing to respond adequately to Simpson’s allegations and awarded $2.5 million in damages, including $1 million in punitive damages.

The case raised important questions about universities’ responsibilities to prevent and respond to sexual assault, especially in federally funded schools. It emphasized that schools should take proactive steps—educating students about consent, supporting victims, and holding perpetrators accountable.

The district court’s findings included: Barnett, a high-ranking football coach, had general knowledge of the serious risk of sexual harassment during recruiting; he knew assaults had occurred during recruiting visits; he kept an unsupervised program to entertain recruits; and he knew the campus atmosphere had not improved since a prior incident in 1997. The court said the need for new training was obvious, suggesting Barnett could be found deliberately indifferent.

Deliberate indifference means a public official knows about a potential harm and does nothing to help. The term comes from Supreme Court cases like Estelle v. Gamble (prison medical care) and Farmer v. Brennan (prison sexual assault), which have influenced how courts treat sexual violence and accountability.

Following the appeals court decision, a grand jury investigated the case. An indictment was issued against a former recruiting aide, who pled guilty and received probation. The university’s athletic department also underwent major changes, including the resignations of the athletic director and the CU system president. The settlement with Simpson created an independent Title IX advisor to monitor compliance and added a part-time victim advocate in CU’s Office of Victim’s Assistance.

Overall, the decision sent a clear message: universities can be held responsible when they are deliberately indifferent to sexual assault, and Title IX requires colleges to take concrete steps to prevent and address such violence.