Barlow v. Washington: Judicial Hesitancy and Sexual Violence at Universities

Abstract: Sexual violence among university students—most frequently, violence against women—is a well-known and pernicious problem. But the liability of universities for failing to prevent such violence is exceedingly rare. Courts remain hesitant to impose a duty on universities to prevent sexual violence, even in situations where they are in by far the best position to do so. This Article examines that judicial hesitancy in the context of a claim by Madeleine Barlow, who sued Washington State University (WSU) after she was raped at an off-campus party in her first week of college by a student with a record of past sexual misconduct. Barlow argued that WSU’s failure to take steps to prevent the rape violated both Title IX and Washington common law. Both claims failed. This Article critiques judicial hesitancy in the face of student sexual assault.