Annie and Newton are 19-year-old sophomores at Open House University, a public state institution. They have been dating for eight months and both live in the residence halls.

Newton suffers from bipolar disorder and alcoholism and has been visiting the campus health center to seek treatment. He sometimes is erratic and moody, which his roommate has reported to the residence hall staff. He also yells at Annie and last semester was banned by the hall director from visiting Annie's residence hall for a month because of a disturbance he caused during a manic episode.

Annie has been trying to make the relationship work and invited Newton to be her date to her sorority formal. At the event, which was held in the Student Center ballroom, both became very intoxicated and experimented with prescription drugs, which was given to them by the sorority president.

After the Greek Life advisor noticed that the two were intoxicated, she advised they leave and return to the residence halls to "sober up." The couple returned to Annie's residence hall and woke up her RA with their raucous laughter. The RA chastised them for being so loud in the middle of the night but went back to her roomthose two are such a regular problem she would just prefer to deal with it in the morning and doesn't want to lose yet another night of sleep trying to explain to those two why they need to change their behavior in the residence hall.

Newton and Annie go to her room and after an hour of "hanging out," Newton became very agitated that Annie was rejecting his sexual advances. He hit her, punched her, and destroyed most of the furniture in her room.

The next morning Annie filed a complaint with her hall director, who in turn called the campus police. At the insistence of her mother, Annie moves off-campus. After about a month of trying to contact Annie to no avail, Newton contacts the campus operator to obtain her local address and new phone number. He tracks her down at her new apartment and beats her once again.

Annie and her parents file suit, alleging the university is liable for her injuries. Do you think they will prevail? Discuss ALL legal considerations and issues in this scenario.