In a stunning reversal, the Fourth Circuit Court of Appeals has revived a sexual abuse lawsuit filed by a former North Carolina State University athlete against the school. The decision vacates a lower court’s 2023 dismissal of the case and sends it back to the district court for further proceedings.
Details of the NC State Sexual Abuse Lawsuit
The lawsuit, filed in April 2023 by an anonymous “John Doe 2,” alleges that the plaintiff was sexually abused by Robert Murphy Jr., NC State’s former director of sports medicine. According to the suit, Murphy engaged in improper touching under the guise of medical treatment.
This case follows two similar lawsuits filed in August 2022 and February 2023 against Murphy and NC State. The district court had previously dismissed all claims against the university in the trio of cases, finding that NC State did not receive “actual notice” of the alleged abuse.
Key Issue: What Constitutes “Actual Notice”?
A central dispute in these cases revolves around what actions qualify as providing “actual notice” to the university. The first lawsuit claimed that in February 2016, former NC State men’s soccer coach Kelly Findley told a senior athletics official that he suspected Murphy was engaging in contact “consistent with grooming behavior.” However, no follow-up action was apparently taken by the school in response.
In its ruling this week, the Fourth Circuit determined that the allegation about Findley’s report to the athletics official in 2016 “objectively” qualifies as a notification. The appeals court noted though that the lower court never made a determination on whether this official was an “appropriate person” under the relevant legal standard. That key question is now being kicked back to the district court to resolve.
Implications for Student-Athlete Rights and University Liability
This Fourth Circuit decision is highly significant, as it establishes new precedent around what type of notice is sufficient to trigger a school’s legal duties in sexual abuse cases. Universities have long argued for a very high bar, while athlete advocates say schools must be held accountable for reports short of a formal complaint.
This ruling strikes at the heart of how colleges and universities respond to allegations of sexual abuse and misconduct against student-athletes. It puts schools on notice that they can’t bury their heads in the sand when receiving credible reports, even if a formal complaint isn’t filed.
– Ramogi Huma, Executive Director of the National College Players Association
The NC State case has major implications for the rights of student-athletes, and the scope of university liability, in cases of alleged sexual assault and abuse. If the district court finds that the 2016 allegation did in fact constitute actual notice, and that NC State was negligent in its response, it would represent a major win for athletes and a serious warning to schools nationwide.
Pending Questions and Next Steps in the Litigation
With the Fourth Circuit’s revival of “John Doe 2″‘s lawsuit, the case now returns to district court to resolve several key questions, including:
- Was the athletics official who allegedly received the 2016 report an “appropriate person” under Title IX?
- If so, did NC State display “deliberate indifference” in not investigating the allegations?
- Assuming the other suits are also reinstated, how many potential victims are involved?
Depending on the district court’s finding of facts regarding the notice issue, the lawsuits could then proceed to the discovery phase. It remains to be seen whether NC State will seek to settle the cases at that point or take its chances at trial.
The outcome of these lawsuits could ultimately hinge on the credibility of the plaintiffs’ specific allegations and the strength of the evidence that university officials knew of Murphy’s alleged misconduct. However, the Fourth Circuit’s decision has already shifted the legal landscape by setting a potential new benchmark for institutional liability in collegiate sexual abuse cases.
As this high-stakes litigation unfolds, it will be closely watched by legal experts, victim advocates, university administrators, and student-athletes nationwide. The reverberations from the NC State case could be felt across college sports for years to come.
