Tony Cole's shadow over the University of Georgia grew larger and darker Thursday as a previously dismissed sexual harassment lawsuit brought by a former female student in August 2003 against the school and its athletic association was given new life by the U.S. Court of Appeals in Atlanta.

The case centers on the alleged sexual assault of a former student by former Georgia athletes Cole, Brandon Williams and Steven Thomas, the university's decision to recruit and admit Cole as a scholarship basketball player, and the university's slow response to take corrective action after the plaintiff's allegations.

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"Now we can see what was going on in [former basketball coach Jim] Harrick's tenure and get some other folks to turn their heads," said Lorenzo Williams, the attorney for the plaintiff. "Folks were putting too much emphasis on winning over the rights of the students who were there."

Criminal charges against all three former athletes in the matter were dismissed.

In this instance, the appeals court found enough evidence to support further district court proceedings against Georgia and its athletic association under Title IX statutes and to allow the plaintiff to file an amended complaint.

"[President Michael] Adams and [former athletics director Vince] Dooley's decision to recruit and admit Cole played a significant role in [the victim's] sexual assault and rape and contributed to her facing sexual harassment," the court wrote in its ruling.

"UGA and UGAA exercised almost no control over Cole even though they knew about his past misconduct. Moreover, UGA and UGAA failed to enforce their existing harassment policies."

Before arriving at Georgia, Cole pleaded no contest to misdemeanor trespass charges in connection with the alleged sexual assault of two Community College of Rhode Island employees in December 1999 and February 2000.

Williams, a partner in a Fort Pierce, Fla., law firm, said this successful appeal has given both sides a chance to present all the facts and let a jury decide the case.

"Our office is currently reviewing the decision and will consult with our client about the decision and its ramifications," said Russ Willard, director of communications for state attorney general's office.

The appeals court concluded ". . . the discrimination was 'severe, pervasive and objectively offensive.' "

"Now we're going to get rolling, re-energized and we hope to be getting the case before a jury within a year," Williams said.

Cole made headlines during his brief Georgia career by accusing Harrick and his son, assistant coach Jim Harrick Jr., of academic fraud. The NCAA levied sanctions against the basketball program.