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Court reinstates former NC State athlete’s suit against university in sexual assault matter

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RALEIGH, N.C. — A federal appeals court has overturned the dismissal of a lawsuit from a former North Carolina State athlete who claims he suffered sexual abuse by the university’s former director of sports medicine during treatment sessions.

The Fourth Circuit Court of Appeals has reinstated the lawsuit, initially filed in April 2023 by an individual referred to as “John Doe 2.” The lawsuit accuses Robert Murphy Jr. of inappropriate touching. This legal action follows earlier lawsuits launched in August 2022 and February 2023 concerning similar allegations.

The recent ruling directs the case back to district court for further examination. The district court’s previous ruling dismissed all claims against North Carolina State from the three lawsuits, stating that the university did not receive “actual notice” of the alleged abuse. In the first lawsuit, it was claimed that former men’s soccer coach Kelly Findley had notified a senior athletics official in February 2016 about his concerns regarding Murphy’s behavior, which he described as potentially “consistent with grooming behavior.” Nevertheless, it was reported that there was no further action taken by the university in response.

The appeals court noted that Findley’s report should be regarded as an objective allegation of notice. However, the court pointed out that the lower court did not clarify whether the appropriate university official was informed of the allegations. This ambiguity is now set to be re-evaluated as part of the ongoing proceedings.

In addition, a lawsuit filed by former soccer player Benjamin Locke continues with Murphy still listed as a defendant. Typical journalistic practices avoid naming individuals who allege sexual assault unless they have publicly identified themselves, a situation that applies here, as Locke has spoken out about his experience.