Court upholds dismissal of college board from lawsuit

Solución de pregunta prueba modelo College Board solicitada por estudiante de Puerto Rico

A federal appeals court on Friday upheld a lower court"s dismissal of the Nebraska State College Board of Trustees from a lawsuit over the 2010 disappearance of a Peru State College student.

The mother of Tyler "Ty" Thomas sued the board, saying it violated Title IX, the 1972 law that prohibits s*x discrimination in schools, by failing to protect Thomas from harm.

Thomas, 19, disappeared after encountering fellow student Joshua Keadle, who is now in prison for raping another teenage girl.

Citing a number of previous decisions, the appeals court agreed with a lower court judge who dismissed the college board from the lawsuit last year. U.S. District Court Judge John M. Gerrard found that while officials could have done more to protect Thomas, attorneys for her estate failed to show deliberate indifference by college officials.

Thomas was a freshman at the small Southeast Nebraska college when she disappeared in December 2010 after leaving a party. Authorities said Keadle told them he and Thomas had s*x in his vehicle that night and that she threatened to report he had raped her.

Keadle, who is now serving 15 to 20 years for the 2008 rape of a 15-year-old girl, has not been charged in Thomas" disappearance. The state issued a death certificate for her in 2013, but her body has never been found.

In the weeks before she disappeared, Peru State"s director of campus security had recommended to administrators that Keadle be expelled, according to court documents. He was not.

At the time, Keadle was a 29-year-old student who had been accused of sexually harassing two female students during his first weeks of living in a co-ed dorm.

Keadle has denied killing Thomas.

Neither attorneys for the college board nor Thomas" mother immediately returned calls Friday seeking comment, and a prison spokesman did not return a message requesting to speak with Keadle by phone.

Source: http://journalstar.com/news/local/court-upholds-dismissal-of-college-board-from-lawsuit/article_e986e8d8-2a31-5838-ac67-4f98d2ec8c9a.html