Former UNC student Jillian Murray sued the University in August 2014 for mishandling her sexual assault case. She said that she was unable to finish her spring semester due to trauma.
The N.C. Court of Appeals voted in a 2-1 decision to allow Murray to continue her suit against UNC because the court did not have jurisdiction over the University’s appeal.
“Although defendant also argues that this case is moot, defendant has not made any argument that this Court has jurisdiction over that issue in the absence of a proper appeal of the sovereign immunity issue. We, therefore, dismiss the appeal,” Judge Martha Geer wrote in the opinion.
Judge John Tyson’s dissenting opinion said that he wanted to review the appeal on its merits.
Since UNC’s appeal was dismissed, the University now has to decide whether it wants to continue with the suit or appeal this decision to the N.C. Supreme Court.
“We are reviewing the Court of Appeals’ opinion and evaluating our options for moving forward. No decision has been made on whether we will appeal to the N.C. Supreme Court,” said UNC spokesperson Jim Gregory in an email.
Murray’s lawyer, Henry Clay Turner, did not respond to a request for comment.
Murray’s suit stated that three days after a classmate sexually assaulted her in January 2013, she emailed Dean Blackburn, the associate dean of students, who took 20 days to respond. He then referred her to Desirée Rieckenberg, senior associate dean of students, who failed to inform Murray of her rights under the Sexual Misconduct Policy, according to the lawsuit.
