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The plaintiff in this case, a student at Arizona State University ("ASU"), was raped in her dormitory room by an ASU football player. ASU administrators had expelled the harasser for severe sexual harassment of multiple women at ASU over the summer, and then weeks later arranged to re-admit him – with no supervision – to ASU and to the ASU dorms where he raped the plaintiff a few months later.

The appellants in this case, Lisa Simpson and Anne Gilmore, alleged that while they were students at the University of Colorado (CU) they were sexually assaulted by CU football players and recruits. They sued the University for sexual harassment. They lost in the trial court and appealed to the U.S. Court of Appeals for the Tenth Circuit.