Plaintiff charges the University for alleged negligence in preventing rape
By Amie Dahnke
A lawsuit filed in connection with an alleged sexual assault charges the University of Portland with negligence that could cost the school more than $7 million.
The case was set to go to trial on Dec. 26, 2008, but the University sought and was granted a postponement.
Amy Kerns, a former UP student, filed the complaint in Oregon Circuit Court on April 29, 2008, claiming the University "should have foreseen that a particular male would rape a particular female."
Kerns, who alleges she was raped in her dorm room by a male UP student two years earlier, in April 2006, charges the school had specific responsibilities, including supervision and "an innkeeper's duty of reasonable care to provide security." The complaint also alleges that the University did not provide Kerns with a safe environment or "living quarters that were secure from entry by rapists."
According to her filing, Kerns was 19 at the time of the alleged assault. The Beacon reported in April 2008 that "the alleged perpetrator was an acquaintance and a fellow UP student, and both had been drinking at a party before the alleged rape occurred. The alleged victim claims to only have had a couple of drinks, whereas the alleged perpetrator was drunk."
A year after the incident, in May 2007, when Kerns provided University officials with the name of her alleged assailant, Judicial Coordinator Natalie Shank told Kerns the University was unable to determine if a sexual assault occurred. In a letter to Kerns, Shank said that because both parties admitted to drinking, "consent - or lack of consent - is difficult to determine." The school also issued a "no-contact order" between Kerns and the man, a declaration that prohibited any form of contact or communication between the two individuals.
The University implements a variety of preventative measures to educate students about the risks and realities of sexual assault. For example, all freshman students are required to attend a sexual assault informational seminar at the beginning of the school year, Paul Myers, director of the University Health Center, said.
"In theory, every student who comes to the University is exposed to that training," Myers said.
The University also provides resources for victims of sexual assault, including counseling and referrals for off-campus counseling, and referrals for medical care and legal advice. On-campus resources include the Sexual Assault Resource Line, Public Safety and the University Health Center
In early August 2008, the University filed for a motion to dismiss the case on the issue of foreseeability, meaning it had no ability to predict if a student might be a predator. Judge Leslie Roberts, in a reply in support of the University's motion to dismiss states that "while plaintiff's (Kerns) allegations must be taken as true and even inferences must be drawn in her favor, plaintiff still must plead the facts that, if proved, would demonstrate that she could prevail on the claims." After receiving the judge's reply, Kerns filed a revised complaint to the court, reclaiming that the University owed her specific duties promising her safety.
University dormitories are locked at night and require dorm-specific card access. Public Safety officers patrol the University 24 hours a day.
In its answer filed Oct. 6, 2008, the University denies that Kerns was owed supervision by the school and that the alleged rapist was subject to supervision by the school. The University also denies that it was required to provide living quarters for Kerns that were safe from entry by rapists. The University also denies that it knew males would rape females and that the University knew the alleged rapist would rape Kerns. The University denies that it owes Kerns $7 million.
Joe Lang, associate director at Media Relations, said he was unable to comment about the suit.
Andy Matarrese and Lacey Bitter contributed to this article.
