PHILADELPHIA – A federal appellate court has ruled that Millersville University will face a wrongful death lawsuit from the parents of a student murdered on campus by her boyfriend in February 2015.
On Jan. 11, U.S. Court of Appeals for the Third Circuit judges Patty Shwartz, Richard L. Nygaard and D. Michael Fisher found that a trial court was in error, when it initially determined that Millersville lacked sufficient notice it could face liability under Title IX for its deliberate indifference to known sexual harassment perpetrated by a non-student guest.
The lawsuit, brought five years ago by John and Jeanette Hall, alleged that the university could have prevented the murder of their daughter, Karlie Hall, if only school officials took action after repeated reports of domestic violence committed against Karlie by her boyfriend-turned-murderer, Gregorio Orrostieta.
Orrostieta, 26, murdered Karlie, an 18 year-old freshman student at Millersville and his girlfriend of just less than one year, in her dorm room within Bard Hall on Feb. 8, 2015. In May 2016, Orrostieta was convicted of third-degree murder and received the maximum sentence of 20 to 40 years in prison.
It was the Halls’ contention that their daughter’s residence on campus conferred upon the school a responsibility to protect students living on school grounds from dangers “that were known or should have been known.”
Additionally, the Halls’ lawsuit provided examples where Orrostieta’s prior assaults against their daughter were brought to the attention of school authorities.
After a violent altercation with Karlie on Oct. 5, 2014, Orrostieta was led away from campus, due to the intervention of an R.A. who called police during the assault.
Karlie’s parents, however, allege that campus police didn’t interview Karlie, open an investigation or report the incident to them, according to the suit. Likewise, they say a second assault three months later, which resulted in Karlie sustaining a fractured orbital bone, was also not investigated.
Inquiries made to campus police by plaintiff Jeannette Hall after the second assault confirmed the official lack of records pertaining to incidents between their daughter and Orrostieta.
The mother of Karlie’s roommate, Tina Flexer, also made reports to school authorities, which allegedly also went unheeded, according to the suit.
In the trial court, U.S. District Court for the Eastern District of Pennsylvania Judge Edward G. Smith found that under Title IX, Millersville was not liable for the conduct of student guests.
It was an opinion not shared by the Third Circuit.
“The District Court concluded that, at most, funding recipients had notice they could face liability from harassment committed by parties that the university had invited, like a visiting athlete or professor. We believe this reading was in error,” Nygaard said, in the Third Circuit opinion.
“Because the ‘visiting speaker or members of a visiting athletic club’ language was preceded by an ‘e.g.’ it should be read as a list of illustrative examples, not an exhaustive list of all third parties whose harassment creates liability.”
One member of counsel for the Halls, M. Stewart Ryan of Laffey Bucci & Kent, issued a statement in response to the ruling.
“This is an incredibly important decision that affects not just our client, but survivors of intimate partner violence and sexual violence across the United States. The Third Circuit has now explicitly told schools that when they become aware of abuse and violence occurring at their institutions, they no longer can sit idly by and do nothing just because the perpetrator is not a student,” Ryan said.
“We now look forward to a jury hearing the case and finding justice for Karlie. This decision will help protect students across the Third Circuit and beyond, though it is truly sad that this message was forced to come under these tragic circumstances.”
A Millersville spokesperson explained the school was reviewing the Third Circuit ruling.
“Millersville continues to mourn the loss of Ms. Hall, and our deepest sympathies remain with her family and loved ones. At this time we are thoroughly reviewing the Third Circuit’s opinion and consulting with our attorneys on this matter as we consider our options,” Janet Kacskos, Millersville’s Director of Communications, said.
U.S. Court of Appeals for the Third Circuit case 19-3275
U.S. District Court for the Eastern District of Pennsylvania case 5:17-cv-00220
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com