At the University of Washington, a female student accused a fellow student and football player of rape -- but she never got her day in court.
The Washington woman's lawyer is trying a new approach to find justice, by suing the university in civil court for not pursing her case.
"They had to come up with a new theory because the school sort of brushed it under the carpet," Pennsylvania crime victim lawyer Daniel Monahan said about the case in Washington.
The victim in the case alleged the trauma of being raped by a fellow student and the lack of attention from the university violated her Title IX rights, which prevents educational discrimination on the basis of sex, Monahan said.
"The woman felt intimidated and that she couldn't get a good education. And that's how they brought it under Title IX," he said.
Penn State Center for Women Students Director Peggy Lorah said that although Title IX is not the most common approach rape victims take to finding justice, it could definitely be a way to resolve things.
"Title IX is a good basis to use because it really is about climate and access to education," she said. "It demonstrates that this situation is taken seriously and that there are remedies for at least holding victims accountable -- but that never takes away the damage of a sexual assault."
In the state of Pennsylvania, it is difficult to sue a college or university, whether it is a public or private institution. The courts in this state ruled that schools do not stand in the place of parents, meaning they do not have the responsibility to protect students, Monahan said.
"There is an expectation on the part of some parents that we look after their children and we do everything we can to protect them in and around campus," Penn State spokeswoman Lisa Powers said. "While we recognize that legally these are adults, we also recognize that students are trying to make decisions on their own -- oftentimes for the first time -- and that sometimes their judgements are a little blurred."
Although this case does not have precedent in the state of Pennsylvania, Monahan says it is interesting because the University of Washington probably has similar statures to those at Penn State.
While seeking civil damages under Title IX is a valid option, most sexual assault victims do not seek legal attention, Lorah said.
"Most victims are very leery of making the situation public," she said. "It really depends on the court system it's heard within and how responsive the judge is to how serious not being able to complete your education is."
Powers said that the university does offer support to sexual assault victims through various means.
"Here at Penn State we encourage students to contact the police," she said.
"In addition to that we provide a lot of emotional support, especially through our Center for Women Students, and of course, there are medical services available."
