Ramser
Ramser v. Laielli
Opinion
Lead Opinion
Honbencivengo, J.
ORDER GRANTING UNIVERSITY OF SAN DIEGO’S MOTION FOR SUMMARY JUDGMENT
This matter is before this Court the motion for summary judgment of Defendant University of San Diego (“USD”). The motion has been fully briefed, and the Court held oral argument on August 3, 2017. For the following reasons, the motion is granted.
I. General Background
This case is about USD’s handling of Plaintiffs claim that she was raped by fellow USD student Ricky Laielli in the early morning hours of February 9, 2014, in Plaintiffs dormitory room. It is not a case about whether USD created an environment on campus that led to the alleged rape, or about whether USD is liable for the alleged rape itself. As such, details and disputes about what actually happened between Plaintiff and Laielli in Plaintiffs dorm room shortly after midnight on February 9, 2014, are largely irrelevant to the instant motion. What is relevant, and the primary issue raised in USD’s motion for summary judgment, is whether USD was “deliberately indifferent” to Plaintiffs report that Laielli sexually assaulted her. As such, the relevant issues' include when USD had actual notice of the assault and the actions it took in response. The…