Appeals court won't reconsider order reviving CU lawsuit

DENVER - A federal appeals court has refused to reconsider its decision reviving a lawsuit by two women who claim they were raped by University of Colorado football players and recruits at an off-campus party.

The 10th U.S. Circuit Court of Appeals issued a ruling late Friday rejecting the university's request for reconsideration.

In September, a three-judge panel of the 10th Circuit sent the case back to a lower court for a trial, ruling that evidence exists to support the women's claims that the alleged assaults were caused by the school's failure to adequately supervise players.

The lower court had dismissed the suit in 2005, ruling the women failed to prove the school knew about sexual harassment by players and recruits or was indifferent to it.

The women claim CU violated federal law against gender discrimination by fostering an environment that allowed sexual assaults to occur at the 2001 party. No criminal sexual assault charges were ever filed.

The lawsuit set off a scandal that led to a shake-up of the university's top leaders and changes in football recruiting practices.