Statement from WSU General Counsel David H. Moses on Memorandum and Order by U.S. District Judge Daniel D. Crabtree in case of Wade Robinson v. Wichita State University, et al.
On the five claims made by plaintiff Wade Robinson against the defendants Wichita State University and President John Bardo, the court dismissed two entirely and partially dismissed two others. We believe the university and President Bardo acted properly in its dealings with Robinson and in its Title IX actions.
The University takes its Title IX responsibilities seriously. Accusations made by victims of sexual assault, or in their behalf, are reviewed and assessed by university staff trained in Title IX issues. An investigation follows, when appropriate, after facts are learned during the review and assessment phase.
Dr. Robinson's lawsuit alleges that he was retaliated against while the University was investigating two Title IX matters, one in 2013 and one in 2014, both of which were fully investigated by the University. The Title IX claims were not by or against Dr. Robinson.
The judge's opinion issued Tuesday noted that it wasn't a judgment on the truth of the claims made in Robinson's lawsuit.
Judge Crabtree noted that at this point in the lawsuit, under the Federal Rules of Civil Procedure, "the court must accept the pleaded facts as true and view them in the light most favorable to the plaintiff... The court emphasizes that this standard controls the facts assumed at this stage of the case. In short, the court expresses no opinion whether they represent the facts that, ultimately, the factfinder would believe."