Lawsuit: Student raped by students who used "rock, paper scissors" to decide

Posted: Updated:
NEWARK -

A court has dismissed part of a lawsuit filed by a former college student who alleges that she was raped at a fraternity party by students who played the game "rock, paper scissors" to decide who would assault her first.

The 3rd U.S. Circuit Court of Appeals held in a ruling published Monday that Ramapo College and its officials are immune in their official capacity from being sued on the grounds of creating a dangerous environment.

The court held that a claim that individual officials displayed deliberate indifference can go forward.

Five people were charged and two were sentenced to prison after the alleged 2014 attack at the Mahwah school.

The unidentified woman said she was assaulted at a fraternity member's campus apartment, driven across campus and assaulted again.

AP wire services helped contribute to this report.

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