As legal analyst Andrew Cohen says, "Ouch." Not only did U.S. District Court Judge Robert Blackburn dismiss the sexual assault lawsuit against the University of Colorado, he ordered the two women to pay the legal fees and costs CU incurred in defending the suit. The women have said they will appeal the decision to the Tenth Circuit Court of Appeals. The Judge's key findings in dismissing the lawsuit concerned two failures of proof. He ruled the women could not establish that:
- CU "had actual knowledge of sexual harassment of female students by football players and recruits" and
- CU was" deliberately indifferent to this known sexual harassment."
CU says it may forego asking for costs if the women drop plans to appeal.