The partner of a Women’s Center employee has filed a motion to dismiss a lawsuit alleging that he, the employee and Duke University mishandled a graduate student’s claim that he raped her.

The motion to dismiss only applies to the employee's partner. It argues that the original complaint fails to state any claim against the employee's partner, and that the complaint lacks specific details about how the defendants allegedly entered into an agreement to interfere with the investigation. 

It further claims that the graduate student fails to make factual allegations regarding her “emotional distress.”

“When the plaintiff fails to make factual allegations regarding the type, manner or degree of the severe emotional distress she claims to have experienced, the plaintiff fails to plead a valid emotional distress claim,” the motion to dismiss states.

The Women’s Center employee is required to file her response to the complaint by August 3, as is the University. 

Check back for updates to this developing story.