When a young adult heads off to college, it is with the understanding that the school has an obligation to provide a safe learning experience. For the most part, this is true — but where does that obligation end?  

That is the question recently answered by the Washington Supreme Court. In its early 2024 ruling, the court determined that a university only has a duty to protect its students while they are on campus or at an event sponsored by the school. This decision could pose a challenge to the U.S. Department of Education's ongoing efforts to expand the scope of Title IX.  

If you are facing Title IX issues and are interested in how this ruling might affect you personally, please contact the Lento Law Firm's Student Defense Team to discuss your case. Reach us at 888-535-3686 or via our contact form. 

Barlow v. State of Washington 

In 2017, Washington State University freshman Madeleine Barlow was allegedly raped by a senior at an off-campus party. The aggressor, a student named Thomas Culhane, was convicted of raping Barlow in a criminal trial and expelled from the school. 

From Barlow's perspective, the bigger problem was that Culhane had been reported multiple times for sexual harassment prior to the assault — and the school had failed to act in a way that prevented further crimes. She sued the school, alleging that their inaction put her at greater risk for sexual assault. The filing claimed that Washington State was guilty of negligence and had violated Title IX. 

The lower court ruled that the university did not have an obligation to protect Barlow from Culhane's attack — a judgment that Barlow appealed. The U.S. Ninth Circuit Appeals Court affirmed the lower court's decision, but on the charge of negligence, they found that established law had not defined the scope of a university's duty to protect its students. To answer this, they referred the case to the Washington Supreme Court. 

The Washington Supreme Court's Ruling 

The court's opinion resolves two points of contention. The first is that a university does have a duty under Washington law to protect its students from foreseeable harm at the hands of other students. The second is that this duty only extends to students while they are on campus or at activities under the school's control. In other words, the university has no obligation to protect its students from harm when they are off campus.  

While the ruling isn't necessarily a surprise, it may carry weight in a number of Title IX cases going forward. For more information regarding the parameters for Title IX on college campuses, see our detailed FAQ page. 

The Lento Law Firm Can Help 

If you are facing charges related to Title IX issues — whether on campus or off — do not hesitate to contact the Lento Law Firm. Our Student Defense Team knows how to approach these cases to give our clients the best outcome. Call us today at 888-535-3686 or by filling out our online form.