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Senior Reporter
Title IX lawsuit against the University of Arizona can continue, 9th Circuit Court rules
The 9th U.S. Circuit Court of Appeals ruled Monday that a former University of Arizona student can sue the school over an assault that took place off campus, because the school knew former football player Orlando Bradford’s history of assault.
cronkitenews.azpbs.org
Court of Appeals rules Title IX lawsuit against University of Arizona can move forward
Reagan Priest/Cronkite News
Sept. 25, 2023
PHOENIX – The 9th U.S. Circuit Court of Appeals ruled Monday that a Title IX lawsuit against the University of Arizona filed by a former student can move forward, reversing a previous ruling by its own three-judge panel that held the school was not liable.
Mackenzie Brown filed a lawsuit against the university in 2017 after she had been assaulted in 2016 by Wildcats football player Orlando Bradford, who later pleaded guilty to aggravated assault and domestic violence and was expelled. She alleged the university knew about two prior assaults committed by Bradford but did not take action to stop him from assaulting other students.
In January 2022, a three-judge panel of the circuit court ruled against Brown, saying that the school did not control the context in which the assault occurred because it occurred off-campus and therefore could not be held liable. Brown petitioned for a rehearing before the entire court, which was granted at the end of 2022, and the case was heard on March 21.
Writing for the majority, Judge William Fletcher argued that the university did have control over the context in which the assault occurred because of its prior knowledge of two other assaults committed by Bradford.
“It is undisputed that if university officials had told Bradford’s coaches of his violent assaults on (two other students), Bradford would have lost his football scholarship, been kicked off the football team, and likely been expelled from the University by the end of his freshman year,” Fletcher wrote in the opinion.
Fletcher also argued that because Bradford had been given permission by coaches to live off-campus during his sophomore year, the university was in control of the context in which the assault occurred, despite not being in control of the physical location.
However, three judges dissented in the case, arguing that the university only had control over the abuser, not the context in which the abuse occurred. The dissenting judges also said the case explored issues out of the written scope of Title IX – which prohibits discrimination on the basis of sex in federally funded schools and universities.
In a statement, Alexandra Brodsky, Brown’s attorney who argued the case before the court, said that this decision is not only a win for Brown, but for other students affected by gender violence.
“Today’s opinion is a victory for Mackenzie and for student survivors across the country,” Brodsky’s statement read. “Gender violence has grave effects on students’ access to education. For that reason, the civil rights law Title IX requires schools to address known abuse. And as the Ninth Circuit explained today, a school’s power to stop violence—and its responsibility to do so—doesn’t stop at the campus boundary.”
Shiwali Patel, director of justice for student survivors, and senior counsel at the National Women’s Law Center, which filed a brief supporting Brown, said this case is significant for the impact it will have on other cases of off-campus sexual assault.
“There are students, a lot of students, living off campus and a lot of sexual assault occurs off campus, and yet the impact of it on the student and their ability to feel safe and welcomed on campus and to learn is still there,” Patel said. “So it’s so important that courts make clear, as they do in this case, that Title IX requires a response from the school and holds them accountable, even though the assault occurred at an off campus location.”
The University of Arizona declined to comment.
The lawsuit will now return to U.S. District Court, and Brown’s Phoenix-based attorney, Isabel Humphrey, said in a statement she is looking forward to presenting the case.
“I am very pleased that we will, at long last, have the opportunity to present Mackenzie’s case to a jury,” Humphrey’s statement said.
BACKSTORIES
Orlando Bradford pleads guilty to domestic violence charges
He will serve 2-8 years in prison
www.azdesertswarm.com
UPDATE: Second victim accuses UA football player
New details are emerging about the nights anArizona football player allegedly assaulted his girlfriend. Orlando Bradford is facing three counts of domestic violence kidnapping and four counts domestic violence aggravated assault.
www.kgun9.com
New Details: Orlando Bradford case
By: Phil Villarreal
Posted at 10:14 PM, Sep 15, 2016
and last updated 5:12 PM, Sep 16, 2016
New details are emerging about the nights an Arizona football player allegedly assaulted his girlfriend. Orlando Bradford is facing three counts of domestic violence kidnapping and four counts domestic violence aggravated assault.
In addition, KGUN9 learned Friday that Bradford will face four additional domestic violence aggravated assault charges related to a second victim who came forward after Bradford's arrest.
Bradford once showed promise on the football field, but he won't be playing again anytime soon. The sophomore running back from Shreveport, Louisiana was released from the team following his arrest on Wednesday.
In an interim complaint report from Tucson Police, Bradford allegedly held his girlfriend against her will and beat her repeatedly. The report states that on September 12th, Bradford carried her into his house and dragged her upstairs after accusing her of scratching his car. It continues, saying "[Bradford] punches victim several times in her ribs. [Bradford] tells victim 'Tell me the truth or this is going on all night long."'
The report goes on to say the victim spent the night at his house out of fear. The next day, she went back to Bradford's house where he became violent once again and asked if she had been texting another guy.
In the report "[Bradford] pushed the victim onto his bed and strangled her while saying "if you don't tell me the truth I'm gonna choke you till you black out."'
Over those two days, Bradford's girlfriend suffered bruising and scratches to her neck, arms, ribs, stomach, and head.
Bradford was arrested without incident on Wednesday. The Emerge! Center Against Domestic Abuse is a non-profit in Tucson. Their Director of Domestic Abuse Services tells Nine On Your Side that the time between when an abuser gets arrested to when they are released is paramount to keeping the victim safe.
"During that time, often times individuals are scrambling to not only just try to come out of the crisis that the situation has caused but figure out what the plan of safety is and how to get somewhere safe so that timeline is very important," said Stephanie Noriega.
Bradford is being held on $20,000 bond. He is due back in court on September 26th.
Emerge! offers a variety of free services for victims of domestic abuse. If you or someone you know needs help, click here.