In Humphries v. Pennsylvania State University, 2021 U.S. Dist. LEXIS 182858, (M.D. Pa. September 24, 2021) (Brann, J.), negligence claims against Penn State for the hazing and sexual abuse of a college athlete who ultimately left the school were dismissed. The court found there was no negligence per se, negligence, duty or contractual right. Even though there were rather dramatic and lengthy allegations concerning how the student was treated and claims that the university turning a blind eye, the court found there was no abuse, no affirmative duty and no harassment because of sex. The action was dismissed because plaintiffs had been permitted to amend previously.

Notwithstanding the 105-page description, the court found that the allegations were not sufficient to impose a duty. Isaiah Humphries alleged that specific promises were made by Penn State to keep him safe and take care of him. Nevertheless, four students grossly sexually abused the athlete, which included physical touching of genitalia. The court did not, in examining the Pennsylvania case law, find that any duty existed to protect the student athlete under the facts alleged. Penn State was said not to have accepted the duty of protection, notwithstanding its promises during recruitment.

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