Next steps in McCluskey family lawsuit

ANNOUNCEMENTS

U.S. District Court Judge Howard C. Nielson, Jr. has scheduled a hearing on a motion to dismiss filed by attorneys representing the university and a motion to amend filed by attorneys representing the family in the case of McCluskey v. State of Utah. The hearing is set for May 13, 2020, at the federal courthouse in Salt Lake City.

The hearing is part of the expected legal process and follows a series of filings and responses by attorneys for the university (represented by the Utah State Attorney General’s Office), and the family of Lauren McCluskey, over the past year. During the hearing, state attorneys will reiterate the university’s position that current law—including issues related to individual and organizational liability as outlined in Title IX and in the Governmental Immunity Act of Utah—does not support the plaintiffs’ monetary claims made in the lawsuit.

Previous legal filings and statements have stated the university’s commitment to meeting its obligation to do its best to ensure student safety. The university also has made clear that its staff deeply regret not better understanding the danger Lauren faced and missed opportunities to help her. Despite these acknowledgments, the university maintains the lawsuit should be dismissed based on current applicable federal and state law.

The university remains willing to settle this case out of court and is optimistic about the potential to find a neutral third party to facilitate an amicable resolution. The university shares the McCluskey family’s commitment and vision to improve safety on its campus and college campuses across the country.

More information and the full FAQ is available here.