Nero brought a complaint against Davenport under KSU's Policy Prohibiting Sexual Violence, which had been adopted in 1989.
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that evening and not to enter any food service building or residence hall for any reason. On June 4, 1990, KSU terminated Davenport's summer school residence hall contract and instructed him to remove his belongings from Goodnow Hall by 8:00 p.m. Davenport came into the lounge and sexually assaulted her while the two of them were watching television.
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On June 2, 1990, Nero was doing laundry and watching television in the basement recreation room of Goodnow Hall. She knew he was a KSU student living in the same residence hall. Nero had two brief conversations with Davenport prior to June 2, 1990. Shana Nero, a University of Oklahoma student, came to KSU for the intersession and was assigned to Goodnow Hall. Goodnow Hall was a coed residence hall.ĭavenport moved into Goodnow Hall for the 1990 spring intersession, beginning May 18 and ending June 3. The Manhattan Mercury and the Kansas State Collegian reported Davenport's arrest, the charge against him, his plea of not guilty, and his release on bond.Īt the close of the 1989-90 academic year, only one residence hall, Goodnow Hall, was available for students attending intersession and summer school. He pleaded not guilty and was released on bond. On May 2, 1990, Davenport was charged with rape in the Riley County District Court. KSU does not have a set policy, practice, or procedure for removing from student housing a student accused of the rape or sexual assault of another student in a residence hall. Scott also commented that because Davenport had agreed to the reassignment, KSU would not initiate immediately a university adjudication of the incident, but reserved the right to do so at a later date depending upon the outcome of the criminal charge. Scott, Associate Dean of Student Life, in a letter dated May 2, 1990, confirmed Davenport's voluntary agreement to be reassigned to Marlatt Hall for the remainder of *570 the academic year. Rosanne Priote, sent Davenport a letter dated April 30, 1990, confirming the temporary residence hall assignment and requesting he not enter Moore Hall or Derby Food Center until further notice in order to provide "some physical distance" between J.N. The following Monday, April 30, 1990, because of the accusation of rape against Davenport and after consultation between KSU housing and student life administrators and staff members, Davenport was assigned temporarily to Marlatt Hall, an all-male residence hall on the other side of the campus. On that date, April 28, 1990, Ramon Davenport was accused of raping J.N., a female resident of Moore Hall. Thirty-five days earlier, Ramon Davenport resided in Moore Hall, a coed residence hall at KSU. Shana Nero was sexually assaulted in a coed residence hall by a fellow residence hall student, Ramon Davenport. At issue is whether KSU has a duty to protect residents of university residence halls and, if so, the nature and extent of that duty.
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Shana Nero appeals from the trial court's grant of summary judgment to Kansas State University (KSU). Thompson, associate university attorney, was on the brief for appellee. Kassebaum, associate university attorney, argued the cause, and Dorothy L. Dickinson, of Jerry Kirksey & Associates, of Edmond, Oklahoma, were with him on the brief for appellant.
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