Judge denies bid to toss suit over ODU's rape response

NORFOLK, Va. (WVEC) -- A federal judge heard arguments in a lawsuit against Old Dominion University on Thursday. A female student sued the university over how police handled an alleged sexual assault.

Earlier this month, the school made a request to get the lawsuit dismissed. The judge heard debate about that motion on Thursday.

U.S. District Judge Henry Morgan Jr. on Thursday denied ODU's request to toss the lawsuit. The Virginian-Pilot reports that the judge left open the possibility that he could change his mind later.

The lawsuit alleges ODU police held the woman for nearly eight hours after she reported a rape, preventing her from getting forensic evidence collected.

She also says ODU police did not issue a timely warning to the campus.

See Also: ODU student claims on-campus rape was followed by 8-hour interrogation

The university argued that the case should be dismissed because the lawsuit was not filed in a timely manner, among other things.

A jury trial is scheduled for February.

The Associated Press contributed to this report

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