Cooke v. University of North Dakota

KAPSNER, Justice.

[¶ 1] Paula Cooke appealed from a district court judgment dismissing her complaint against the University of North Dakota (“UND”). We hold N.D.C.C. § 32-12.2-04(l)’s notice of claim requirement is consistent with exhaustion of remedies theory. To comply with both, a party must present the requisite notice under N.D.C.C. § 32-12.2-04(1) and pursue available administrative remedies prior to initiating a lawsuit. Because Cooke failed to comply with N.D.C.C. § 32-12.2-04(1), the district court lacked subject matter jurisdiction. We affirm.

I

[¶ 2] In April 1998, Paula Cooke was an…