The University had an absolute fiduciary responsibility to protect its students to the extent possible. The fact that the admin of the school allowed anybody to print up wanted posters with images and names of the lax players and invited the "new black panther" party on camput, presumably to hunt them down like dogs, cannot rationally be construed as honoring that responsibility. They created a physically dangerous situation for all of those athletes, which is certainly actionable.
As a side note, during on of the hearings against the Lacrosse players early in the sham-investigation, Nifong sat in the court and listened to a black panther made death threats against Reede Seligmann. It only stopped when the judge came in and took control over the court.
I was suprised the ethics board did not charge Nifong with derelection of duty. As the DA it was his responsibility to enforce the laws. He did nothing but smirk as death threats and other threats of violence were bandied about the court room.
Yes, this will get interesting. It is going the cost Duke in more than just payouts. Their reputation goes with it.
And every other white male on the campus. Gang mentality-if the sought after 'perps' aren't available, then someother ones will do instead.