Morton v. Pennsylvania State University Board of Trustees

On April 29, 2026, Penn State sophomore Sarah Morton was sexually assaulted by an intruder inside a campus parking structure. The assailant had previously been reported for stalking near university dormitories, but no heightened security measures were taken. Morton sued the university’s Board of Trustees and senior officials, alleging deliberate indifference under Title IX, violation of substantive due process, and state-law negligence. The complaint asserted that Penn State had actual knowledge of escalating threats yet failed to issue timely warnings, repair broken security gates, or increase patrols, thereby creating a climate where violence was foreseeable. Morton sought compensatory and punitive damages for severe physical and psychological harm.

In late 2026, a federal district court denied the university's motion to dismiss on the Title IX deliberate-indifference claim, ruling that Morton had plausibly alleged actual knowledge and a clearly unreasonable response. The parties reached a confidential settlement shortly thereafter, with the university agreeing to implement extensive safety reforms and to pay undisclosed damages.

Whether a public university can be held liable under Title IX and the Due Process Clause for student-on-student sexual assault committed by a non-affiliated third party when the institution had prior notice of specific, comparable risks but failed to respond reasonably.

The case prompted nationwide scrutiny of campus security gaps, leading several universities to upgrade surveillance and emergency notification systems. Pennsylvania legislators introduced bills requiring public universities to report and act upon third-party threat assessments, while student advocacy groups cited Morton as a watershed moment for institutional accountability in preventing campus sexual violence.