Amicus Curiae Brief of Gonzaga University School of Law Women's Law Caucus, Seattle University School of Law Women's Law Caucus, and University of Washington Women's Law Caucus
Catherine C. Clark
Gonzaga University School of Law Women’s Law Caucus
Seattle University School of Law Womxn’s Law Caucus
University of Washington Women’s Law Caucus
SummaryOriginal

Summary

The court should recognize that achieving adulthood is a several-year process and not a singular event.

2023 | State Juristiction

Amicus Curiae Brief of Gonzaga University School of Law Women's Law Caucus, Seattle University School of Law Women's Law Caucus, and University of Washington Women's Law Caucus

Keywords emerging adult; special relationship; doctrine of emerging adult; special relationship; duty; right to protection; university
Screenshot 2024-05-28 at 1.33.37 PM

Summary of Argument

The Gonzaga University School of Law Women's Law Caucus, the Seattle University School of Law Womxn's Law Caucus, and the University of Washington Women's Law Caucus (collectively "the WLC") urge this court to rule that Washington law recognizes a special relationship between universities and their students, which compels them to protect them beyond the physical confines of a campus. The WLC make four essential points for the court's consideration.

  1. The court should recognize that achieving adulthood is a several year process and not a singular event and apply this analysis to civil cases;

  2. The risk of sexual assault is highest during the fall term at universities;

  3. Washington law, and the community at large, recognize that a university's duties do not end at the campus border;

  4. Washington State University's ("WSU") own code of conduct mandate certain conduct with sanctions for not complying and its website describes the WSU community as a "family."

A ruling in this case would not only benefit the citizens of Washington state but also the state by clearly stating what its duties are.

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Summary of Argument

The Gonzaga University School of Law Women's Law Caucus, the Seattle University School of Law Womxn's Law Caucus, and the University of Washington Women's Law Caucus (collectively "the WLC") advocate for the court to acknowledge a special relationship between universities and their students that extends beyond the physical campus boundaries. This legal argument rests on four key points:

  1. The transition to adulthood is a gradual process spanning several years, not a single event, and this principle should be applied in civil cases.

  2. The risk of sexual assault is significantly elevated during the fall semester at universities.

  3. Washington law, along with societal norms, recognizes that a university's responsibilities extend beyond the confines of its physical campus.

  4. Washington State University's ("WSU") own code of conduct establishes specific behavioral expectations and sanctions for non-compliance, while its website describes the WSU community as a "family."

A favorable ruling in this case would not only benefit the citizens of Washington state but also clarify the state's legal obligations.

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Summary of Argument

The Gonzaga University School of Law Women's Law Caucus, the Seattle University School of Law Womxn's Law Caucus, and the University of Washington Women's Law Caucus (collectively "the WLC") argue that Washington law should recognize a special relationship between universities and their students. This relationship necessitates the university to protect its students beyond the physical campus boundaries. The WLC present four key arguments to support this position.

  1. The court should recognize that the transition to adulthood is a gradual process, spanning several years, rather than a single event. This understanding should be applied in civil cases.

  2. The risk of sexual assault is particularly high during the fall semester at universities.

  3. Washington law, and the broader community, acknowledge that a university's responsibilities extend beyond its campus borders.

  4. Washington State University's ("WSU") code of conduct mandates specific behavior and imposes sanctions for non-compliance. Additionally, WSU's website describes the university community as a "family."

A ruling in this case would benefit not only the citizens of Washington state but also the state itself by clearly defining its obligations and responsibilities.

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Summary of Argument

The Gonzaga University School of Law Women's Law Caucus, the Seattle University School of Law Womxn's Law Caucus, and the University of Washington Women's Law Caucus (together, the "WLC") are asking the court to rule that Washington state law requires universities to protect their students from harm, even when the students are off campus. The WLC make four key arguments:

  1. The court should recognize that becoming an adult is a process that takes several years, not just a single event. This should be considered in civil cases.

  2. The risk of sexual assault is highest during the first few months of the school year at universities.

  3. Washington state law, and society in general, recognize that a university's responsibilities extend beyond the physical boundaries of the campus.

  4. Washington State University's ("WSU") own rules of conduct require certain behavior from students and impose penalties for breaking those rules. WSU's website also describes the university community as a "family."

A decision in this case would not only benefit the people of Washington state but would also clarify the state's responsibilities to its citizens.

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Summary of Argument

Three groups of student lawyers are asking the court to say that Washington state has a special duty to protect students from harm, even when they're not on campus. They say this is important because students are still growing up and learning, and they're at risk of being hurt, especially during the fall semester when they start school.

The WLC also point out that Washington state already recognizes that universities have a responsibility to protect students, even when they're off campus. And, they say that WSU's own rules say that students should treat each other like family and that they will be punished if they don't.

The WLC think that if the court rules in their favor, it will make Washington state a safer place for students and make it clear what the state's responsibility is to protect them.

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Footnotes and Citation

Cite

Amicus Curiae Brief of Gonzaga University School of Law Women’s Law Caucus, Seattle University School of Law Womxn’s Law Caucus, and University of Washington Women’s Law Caucus in Support of Appellant, Barlow v. State of Washington, No. 101045-1 (Wash. filed Jan. 9, 2023).

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