Opinion
22SC499
03-06-2023
University of Denver, Petitioner v. John Doe, Respondent
GRANTED PETITIONS FOR WRIT OF CERTIORARI
Court of Appeals Case No. 20CA1545
Petition for Writ of Certiorari GRANTED.
[REFRAMED] Whether a sexual misconduct policy required by federal and Colorado law can constitute a contract between an institution of higher education and its students.
[REFRAMED] Whether a statement in a university's sexual misconduct policy that student sexual misconduct investigations will be "thorough, impartial and fair" is sufficiently definite to support a claim for breach of contract.
[REFRAMED] Whether a statement that student sexual misconduct investigations will be "thorough, impartial and fair" in a university's procedures is sufficiently definite to support a claim for breach of the implied covenant of good faith and fair dealing.
[REFRAMED] Whether a university owes its students a duty in tort to adopt fair policies and procedures for investigating and adjudicating claims of student sexual misconduct and to exercise reasonable care in following those procedures.
DENIED AS TO ALL OTHER ISSUES.