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Sexual Assault

Watch out with Dancing; It Might Lead to Sex

Or at least college dancing instruction may create a “heightened risk of sexual misconduct”; a court is allowing an expert to so testify.

Eugene Volokh | 8.21.2026 8:01 AM

Some excerpts from the longish opinion in Doe v. Carleton College, decided yesterday by Judge Donovan Frank (D. Minn.):

Carleton is a private liberal arts college in Northfield, Minnesota with approximately 2,000 students. Doe was a student at Carleton between 2019 and 2023. While she was a student, Doe got involved in dance, first participating in Carleton's social dance club, then taking two salsa classes and an independent study in dance with Carleton staff member Donald Smith.

Over time, Doe and Smith's relationship devolved, becoming inappropriate and abusive. Doe now sues Carleton based on its hiring, retention, and supervision of Smith under theories of direct and vicarious liability….

After attending Smith's salsa workshop, Doe enrolled in Salsa I for the 2020 winter term. During the course, Doe and Smith developed a close relationship. They began taking walks together and communicating more frequently about personal details. In March 2020, Doe and two other students went to Smith's house for dinner with him and his wife.

After Salsa I ended, Smith left a note in Doe's student mailbox asking if she would be his salsa co-instructor in future classes. During winter break, Doe and Smith met approximately ten times in Smith's office so Smith could continue teaching Doe. During those meetings, Smith made inappropriate comments, expressed his attraction to Doe, and touched her in ways that made her uncomfortable. Doe had some interaction with Smith during the 2020 spring term, including spending the night at his home. Doe had no concerns about that visit and had minimal contact with Smith for the rest of the term.

Doe became Smith's co-instructor for Salsa I during the 2021 fall term. He offered to pay her $17.25 per hour for her time. Smith's PEAR supervisor was unaware that Smith had a co-instructor for Salsa I. At that time, the PEAR Department did not hire students as co-instructors for PEAR courses that were taught by Carleton faculty or........

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