Boulder, CO (U-WIRE) -- The identity of a former University of Colorado assistant football coach suspected of possible sexual harassment was mistakenly left in court documents, a lawyer for a plaintiff trying to revive a lawsuit against CU said Thursday.
A Boulder newspaper reported Thursday that former CU football assistant coach Vance Joseph allegedly had sex with a trainer in a steam room and also took two trainers home with him from a bar, according to a recently released deposition given by former CU president Elizabeth Hoffman.
Baine Kerr, lawyer for plaintiff Lisa Simpson, said Joseph's name should not have been given in filings his office gave the U.S. District Court this week.
"Our filings inadvertently included the name when it should have been redacted, and that's about all I can say," Kerr told the Colorado Daily.
Kerr declined to comment about Joseph or the possible ramifications for Simpson's lawsuit now that Joseph has been publicly identified.
Simpson and plaintiff Anne Gilmore claim football players and recruits sexually assaulted them at a December 2001 party. The women filed a civil suit against CU in 2004 under Title IX, claiming the University knowingly condoned a hostile atmosphere that led to their rapes.
Title IX is federal legislation that prohibits gender inequity in schools.
A federal judge dismissed the lawsuit in March, saying the women failed to provide evidence that CU officials knew about but ignored sexual misconduct.
Attorneys for Simpson and Gilmore appealed the decision, claiming CU lawyers withheld documents from CU's Office of Sexual Harassment about past reports of harassment and sexual assault that are pertinent to the lawsuit.
Larry Pozner, a lawyer for CU, said the identification of Joseph changes nothing. He said Joseph is not relevant to Simpson's and Gilmore's lawsuit.
"It's ironic. They would be filing all kinds of accusations if something confidential concerning one of their clients was released by us," Pozner told the Colorado Daily.
The lawsuit set off investigations into allegations that the university used sex and alcohol to lure recruits to CU-Boulder. The only person charged in the case was a former recruiting aide, Nathan Maxcey, who pleaded guilty to soliciting a prostitute and misusing his university cell phone by calling a dating chat line.
Joseph became the San Francisco 49ers defensive backs coach in February. He left CU in April 2004 to take a job as a secondary coach at Bowling Green University only weeks after CU suspended him with pay because of a "possible violation of university policy."
Hoffman said in the deposition that she thought the incidents Joseph was involved in might have occurred in 2001 or 2002.
Joseph was suspended after head football coach Gary Barnett was placed temporarily on administrative leave.
"We have no reason to believe that it was not consensual, but since he (Joseph) is a coach, we consider that it was probable or possible sexual harassment, so we followed our sexual harassment protocols," Hoffman said in the June 2004 deposition, according to local media.
In a filing Tuesday, the plaintiffs' lawyers reveal an allegation of sexual assault made to police by a CU trainer identified as "Trainer C".
The filing also said statements by a woman known as Trainer B, who was allegedly sexually assaulted, make "clear that there were other victims of sexual harassment by football players and/or recruits that remain, even now, undisclosed by CU," and that "CU had long known that several of plaintiffs' harassers and assailants had harassed and assaulted other CU students before Dec. 7, 2001."
No sexual assault charges have been filed in any of the cases.
Kerr said an amended copy of the filing with Joseph's name blacked out was sent to the court Thursday. The Associated Press reported the new version blocks out Joseph's name in two places but not in a third.
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