The University of Arizona and the state of Arizona will not face a Title IX lawsuit over allegations of abuse that occurred between two students off campus, a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled.

Plaintiff Mackenzie Brown alleged that her then-boyfriend Orlando Bradford assaulted her at his off-campus residents while they were both students at the University of Arizona. Brown argued that the university’s alleged failure to respond to previous reports of Bradford’s domestic abuse against two other female students violated Title IX and allowed Bradford the opportunity to eventually abuse Brown, according to the appellate panel’s majority opinion.