A U.S. district court judge has ruled former Liberty University football player Cameron Jackson can move forward with seven of the 18 claims in his lawsuit filed against the school and other defendants.
Liberty is pleased with the courts decision to dismiss all but one of the claims it asked to be dismissed, LU General Counsel David Corry wrote to The News & Advance via email.
Jackson filed suit April 14, 2017, against Liberty, five employees and a former LU student athlete, alleging his Title IX rights were violated, he was defamed by the school and was denied due process during an investigation into an alleged off-campus sexual assault in August 2015 Jackson said never occurred. No charges were filed against Jackson after a Lynchburg Police Department investigation.
The lawsuit seeks approximately $100 million in compensation for damages to Jacksons academic and athletic career, as well as to his reputation.
Jackson allegedly was dismissed by the university prior to the conclusion of the LPD investigation.
According to the lawsuit, Jackson and his accuser were involved in a non-exclusive sexual relationship both before and after the night in question. Witnesses who observed the sex, which reportedly took place in a living room separated only by a privacy blanket, have stated it appeared to be consensual, and the accuser was not intoxicated at the time. According to a Liberty news release that is part of the case, the incident was reported to LU 11 months after the encounter by the alleged victim.
The lawsuit casts doubts on the accusers charges and alleges she acted maliciously, the response of Liberty and its employees was inept and that staff did not protect Jackson from on-campus harassment aimed at him by other LU students, which caused Jackson to stop attending classes.
Claims allowed to move forward by a U.S. district court judge Aug. 3 are four defamation claims related to a university news release, two defamation claims against the former student athlete that accused Jackson of sexual assault and a Title IX claim that university attorneys have not moved to dismiss from the case.
Title IX claims are very fact-specific inquiries that are more appropriately resolved at the summary judgment stage of the proceedings, Corry explained via email.
He added the university believed the claims were meritless and would not go to a jury trial.
The allegedly defamatory news release, issued Sept. 12, 2016, prior to the conclusion of LUs internal investigation, stated Jackson and a teammate had been suspended due to their involvement in the alleged off-campus sexual assault.
A third teammate accused of sexual assault already had left the university.
According to the suit, the accuser was dismissed by the university for multiple student conduct violations before she went to LU officials and made her accusations Jackson and the other two teammates. The lawsuit claims she conspired with two other female student athletes to damage the reputation of members of the football team.
No charges were filed against any of the three men after the LPD investigation concluded.
The lawsuit states Jackson, a Flames defensive back from Houston, suffered severe damage to his future earnings, lost funds for college and that his reputation has been irreparably destroyed.
Additionally, the suit states a notation on Jacksons transcript that he had been dismissed from LU because of sexual assault made it difficult for him to gain entry into another college or university. According to Jacksons attorney, Joshua Farmer, that notation since has been removed by Liberty, and Jackson has been allowed to petition the university for a status of good standing, which Farmer said has been approved as of this summer.
Corry said the university was legally prohibited from commenting on that matter.
Cam desperately wants to clear his name, continue his college education and, if possible, advance his football career. He's currently weighing all options available to him including transferring to another school, or returning to the Flames, Farmer wrote to The News & Advance via email.
The lawsuit seeks compensation for damages to Jacksons academic and athletic career, as well as to his reputation. Jackson originally was seeking $102.1 million in damages, a number that now has been reduced to $100.2 million due to five of the defendants being dismissed from the case.
Farmer noted it was up to the jury to decide ultimately how much to award to Jackson.
Liberty employees originally named as part of the lawsuit were: Robert Mullin, dean of students; Valerie Dufort, assistant director of Libertys Title IX Office; Len Stevens, LUs spokesman; and Jonathan Ignacio and Elysa Bucci, assistant directors for the LU Office of Community Life. Remaining parties are the university, the former student athlete who accused Jackson of sexual assault and Stevens.
Stevens is named as a defendant for his role in issuing the news release, which the lawsuit claims withheld significant relevant fact, such as Jacksons denial of the claims and his appeal.
According to Corry, the university has retained the Richmond-based law firm of McGuire Woods LLP, which also will represent Stevens since he was acting in his official capacity as an employee.
Corry described the claims against Stevens as meritless and the LU disciplinary process as fair, objective, and thorough.
He added LU could not speak on behalf of Jacksons accuser who is named in the lawsuit.
Another component of the lawsuit is the claim LU sought to make an example out of Jackson in order to protect its reputation as a Christian university and appear tough on Title IX issues while in the process of hiring Ian McCaw as athletic director. McCaw previously was accused of being complicit in a widespread sexual assault scandal and institutional cover-up that rocked Baylor University during his time as its athletic director. McCaw has denied direct knowledge of the issue.
Corry previously told The News & Advance this claim was pure speculation.
Read more:
- Information Overload - November 8th, 2009 [November 8th, 2009]
- Same-Sex Marriage Gains - Iowa, DC and Vermont - November 8th, 2009 [November 8th, 2009]
- Obama and the Muslim World - November 8th, 2009 [November 8th, 2009]
- Nordyke - Incorporation of the Second Amendment to Apply to the States - November 8th, 2009 [November 8th, 2009]
- Obama's First 100 Days - Reclaiming the Constitution* - November 8th, 2009 [November 8th, 2009]
- Education Reform - November 8th, 2009 [November 8th, 2009]
- Legalize (and Tax) Vice - November 8th, 2009 [November 8th, 2009]
- Obama World vs. Cheney World - November 8th, 2009 [November 8th, 2009]
- National Rifle Association v. Chicago (McDonald v. Chicago) Oral Arguments* - November 8th, 2009 [November 8th, 2009]
- Reconciling Liberty and Progressive Government - November 8th, 2009 [November 8th, 2009]
- Obama in the Middle East - A Respectful, Rational Voice - November 8th, 2009 [November 8th, 2009]
- Second Amendment Incorporation Update - Seventh Circuit Decision - November 8th, 2009 [November 8th, 2009]
- Strong versus Weak Judging - November 8th, 2009 [November 8th, 2009]
- Drawing the Line on the Obama Administration's National Security Practices - November 8th, 2009 [November 8th, 2009]
- Supreme Court Amicus Brief in McDonald v. Chicago - November 8th, 2009 [November 8th, 2009]
- McDonald v. Chicago Amicus Brief - Volokh Conspiracy Link - November 8th, 2009 [November 8th, 2009]
- Healthcare Reform - Voices of Reason from Senators Wyden & Bennett - November 8th, 2009 [November 8th, 2009]
- Time to Legalize Drugs - Sensible WaPo Article - November 8th, 2009 [November 8th, 2009]
- Article in William & Mary Bill of Rights Journal: Rescuing the Fourteenth Amendment Privileges or Immunities Clause - November 8th, 2009 [November 8th, 2009]
- Just Do It - Obama Needs Backbone for Meaningful Healthcare Reform, a la FDR - November 8th, 2009 [November 8th, 2009]
- Nordyke v. King Rehearing - November 8th, 2009 [November 8th, 2009]
- Huge News - Supreme Court Grants Certiorari in McDonald v. Chicago re: Privileges or Immunities - November 8th, 2009 [November 8th, 2009]
- Obama Needs to Take Stands on Principle - November 8th, 2009 [November 8th, 2009]
- Kudos to Harry Reid for Including Public Option in Proposed Health Care Bill - November 8th, 2009 [November 8th, 2009]
- Free Radicals - Individual Efforts Can Change the World - November 8th, 2009 [November 8th, 2009]
- - November 8th, 2009 [November 8th, 2009]
- Destroy the Filibuster - December 13th, 2009 [December 13th, 2009]
- McDonald v. Chicago - Petitioner's Brief - December 13th, 2009 [December 13th, 2009]
- Something on Which We Can All Agree - Less Government in Criminal Justice - December 13th, 2009 [December 13th, 2009]
- Obama Approach to Governing; Afghanistan Policy - December 13th, 2009 [December 13th, 2009]
- McDonald v. Chicago - Law Professors' Amicus Brief - December 15th, 2009 [December 15th, 2009]
- Senate Passes Health Care Insurance Reform - Reflections - December 25th, 2009 [December 25th, 2009]
- "Radicals In Their Own TIme" - Introduction & Selected Excerpts - January 1st, 2010 [January 1st, 2010]
- Terrific WaPo Farewell Column by Ellen Goodman - January 2nd, 2010 [January 2nd, 2010]
- Same-Sex Marriage Case in California - January 20th, 2010 [January 20th, 2010]
- Health Care; Corporate Speech Case - January 23rd, 2010 [January 23rd, 2010]
- McDonald v. Chicago - Essay in Cardozo Law Review de novo Online Journal - January 29th, 2010 [January 29th, 2010]
- Another Response to Citizens United: Remove Supreme Court Appellate Jurisdiction - February 11th, 2010 [February 11th, 2010]
- Olympics Idealism - March 1st, 2010 [March 1st, 2010]
- Framers Believed in Virtuous (ie, Humane) Government - March 21st, 2010 [March 21st, 2010]
- McDonald v. Chicago - Yesterday's Oral Argument - March 22nd, 2010 [March 22nd, 2010]
- Radicals in Their Own Time: Four Hundred Years of Struggle for Liberty and Equal Justice in America - May 21st, 2010 [May 21st, 2010]
- McDonald v. Chicago decision - October 11th, 2010 [October 11th, 2010]
- OpEd on McDonald v Chicago Case - June/July 2010 - October 11th, 2010 [October 11th, 2010]
- New Blog Format - October 11th, 2010 [October 11th, 2010]
- New Book - Radicals in Their Own Time - February 14th, 2011 [February 14th, 2011]
- Liberty Property Trust Hosts First Quarter 2012 Results Conference Call - March 31st, 2012 [March 31st, 2012]
- Liberty Property Trust Announces First Quarter 2012 Results - April 25th, 2012 [April 25th, 2012]
- Liberty Energy Announces Creation of Advisory Board and Appointment of Its First Member - April 25th, 2012 [April 25th, 2012]
- Liberty Tire Recycling, Keep Atlanta Beautiful and City of Atlanta Tire Commission Join Forces for Large-Scale Tire ... - April 25th, 2012 [April 25th, 2012]
- Liberty Bowl set for afternoon kick New Year's Eve - April 25th, 2012 [April 25th, 2012]
- Liberty Bowl Announces Date and Time - April 25th, 2012 [April 25th, 2012]
- Liberty ship sinking remembered - April 25th, 2012 [April 25th, 2012]
- Liberty Union searching for girls basketball coach - April 25th, 2012 [April 25th, 2012]
- How to Do a Liberty - Video - April 30th, 2012 [April 30th, 2012]
- Review: The "Liberty I" Ultra Compact Compound Bow vs. "Razor Edge" and "Slingbow" - Video - April 30th, 2012 [April 30th, 2012]
- Heavy Rain in Liberty City: Episode 1 (Grand Theft Auto IV Machinima) - Video - April 30th, 2012 [April 30th, 2012]
- Jordan Page "Liberty" (Acoustic Version) - Video - April 30th, 2012 [April 30th, 2012]
- StarCraft II: Wings of Liberty - Cinematic Trailer - Video - April 30th, 2012 [April 30th, 2012]
- China 9 Liberty 37 - Video - April 30th, 2012 [April 30th, 2012]
- Liberty`s Kids: #05 "Midnight Ride" (1/2) - Video - April 30th, 2012 [April 30th, 2012]
- Madness - The Liberty of Norton Folgate Live - Video - April 30th, 2012 [April 30th, 2012]
- I Pledge to Join Young Americans for Liberty - Video - April 30th, 2012 [April 30th, 2012]
- Steve Vai - Liberty - Video - April 30th, 2012 [April 30th, 2012]
- North Liberty fire chief: Email blasting staff was meant to motivate - May 4th, 2012 [May 4th, 2012]
- FCC dismisses Liberty Media request for control of SiriusXM - May 5th, 2012 [May 5th, 2012]
- Liberty FCC Request to Control Sirius XM Radio Rejected - May 5th, 2012 [May 5th, 2012]
- FCC rejects Liberty Media bid for Sirius XM control - May 7th, 2012 [May 7th, 2012]
- Liberty Rocket Targets 2015 - May 10th, 2012 [May 10th, 2012]
- Liberty boosts SiriusXM stake above 45% - May 10th, 2012 [May 10th, 2012]
- One Liberty Properties, Inc. Reports First Quarter 2012 Results - May 10th, 2012 [May 10th, 2012]
- Liberty to boost stake in Sirius XM to 45 pct - May 10th, 2012 [May 10th, 2012]
- ATK Announces Complete Liberty System to Provide Commercial Crew Access - May 10th, 2012 [May 10th, 2012]
- Penn Liberty Wealth Advisors Expands - May 10th, 2012 [May 10th, 2012]
- Romney Woos Evangelicals at Liberty University - May 13th, 2012 [May 13th, 2012]
- Liberty opener moved to MSG due to hockey game - May 13th, 2012 [May 13th, 2012]
- Romney Defends Marriage and Faith in Liberty University Speech - May 13th, 2012 [May 13th, 2012]
- Romney Speaks At Anti-Gay Liberty University Alongside Baptist Billionaire - May 13th, 2012 [May 13th, 2012]
- Liberty Center girls, Archbold boys reign - May 13th, 2012 [May 13th, 2012]
- Romney Courts Christian Conservatives at Liberty U - May 13th, 2012 [May 13th, 2012]