Appeals court reinstates lawsuit against Colorado

An appeals court in Denver on Thursday revived a lawsuit by two women who say they were gang-raped at an off-campus party attended by University of Colorado football recruits, ruling there is evidence the alleged assaults were caused by the school’s failure to adequately supervise players.

The ruling by the U.S. 10th Circuit Court of Appeals, which sends the case back to the trial court, said there is evidence the university had an official policy of showing high school recruits a “good time” and that it showed a “deliberate indifference” to any known sexual harassment.

“We could not be happier,” said Baine Kerr, an attorney for one of the plaintiffs.

“There is absolutely nothing [in the ruling] that the university can take comfort in,” Kerr said. “It’s a great endorsement of the facts as we have seen them and the legal principles that we have argued.”

In a written statement, the university said: “The university does not have a policy that would place any of its female students at risk of assault; in fact, it has stringent policies prohibiting sexual harassment and sexual assault.”

The women said they were raped at an off-campus party for football players and recruits in 2001. No one was criminally charged with sexual assault, but the lawsuit sparked a scandal over Colorado’s football recruiting practices that led to broad reforms and a shake-up of the university’s top leaders.

The women’s lawsuit alleges the university violated federal law by fostering an environment that allowed sexual assaults to occur.

HORSE RACING

Rags To Riches’ return is pushed back a week

The much-delayed return of Belmont Stakes winner Rags To Riches has one more week to go.

As expected, the first filly in 102 years to win the Belmont won’t run in Saturday’s Ruffian Handicap at Belmont Park but is set for the Gazelle Stakes a week later.

The 3-year-old filly spiked a fever and missed a workout Aug. 27, then put in a five-furlong workout last Sunday at Saratoga Race Course.

Rags To Riches was back at Belmont on Wednesday.

The 16-day Fairplex Park meet at the Los Angeles County Fairgrounds opens today in conjunction with the L.A. County Fair. The featured race on the tight, five-eighth-mile track will be the $65,000 Derby Trials Stakes for 3-year-olds.

The $100,000 Pomona Derby will be run Sept. 22, two days before the meet closes.

-- Larry Stewart

SOCCER

Nigeria beats Germany and advances to final

Nigeria will meet Spain on Sunday in the final of the Under-17 World Cup after the African team defeated Germany, 3-1, at Suwon, South Korea.

This will be Nigeria’s fifth U-17 World Cup final, and it has a record of 2-2. Spain has twice previously reached the final, losing on both occasions.

Edu Dracena and Gladstone will replace injured defenders Alex and Alex Silva for Brazil’s exhibition games against the United States and Mexico. Brazil plays the U.S. on Sunday at Chicago and Mexico on Wednesday at Foxborough, Mass.

France Coach Raymond Domenech was suspended for Saturday’s Euro 2008 qualifying match against Italy after accusing Italy of fixing an Olympic qualifying match eight years ago.

MISCELLANY

AVP will remain a publicly traded company

The AVP Pro Beach Volleyball tour will remain a publicly traded company after a deal to take the company private was terminated because of stockholder opposition.

Shareholders voiced concerns over the $1.23-a-share sale price being offered by Shamrock Growth Capital Fund, a private equity firm. The proposed sale was announced in April and was set to close later this month, but it became apparent to the AVP that shareholders would not approve it.

“Many shareholders let us know that they felt the price to be received by the shareholders did not accurately reflect what they saw as the true potential of AVP, and we listened,” tour Commissioner Leonard Armato said in a statement.

-- Peter Yoon

A prostitute who was with former Villanova basketball standout Howard Porter on the night he was beaten aided and abetted his killing, according to a criminal complaint.

Porter, 58, died May 26, a week after he was found unconscious in a Minneapolis alley.

Tonya Evette Johnson, 33, is charged with second-degree murder for her alleged role in Porter’s death. She told authorities that she was walking near her St. Paul apartment when she approached Porter for a “date.” Johnson said she brought Porter to her apartment to exchange sex for money and crack cocaine when four masked men rushed in and beat him, according to the complaint.

Johnson told police she knew one of the men was Rashad Arthur Raleigh, 29, who has been charged with second-degree murder. The investigation continues.

Duquesne University forward Stuard Baldonado, suspended from school Wednesday after being charged with drug violations, was arrested near the campus again hours later that day on a misdemeanor drug charge.

The ninth Palos Verdes Peninsula Lions Club tournament will be played today at Los Verdes Golf & Country Club in Rancho Palos Verdes. The event benefits the Lions Club mobile eye unit, canine companions program and the City of Hope. Details: (310) 378-7386.