NSBA Legal Clips
Archived entries for deliberate indifference

Federal appellate court rules disabled student failed to state a claim for peer sexual harassment under § 504, has valid claim under § 504 for district’s refusal to make reasonable safety accommodations to IEP

The Fifth Circuit Court of Appeals has ruled that a disabled student stated a valid §504 claim that the school district committed gross misjudgment in failing to modify her IEP to safeguard her after three incidents of alleged sexual abuse by students, but failed to state a claim against the district for liability based on student-on-student sexual harassment.

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Former student’s Title IX suit faults Michigan district’s response to sexual assault and cyberbullying reports

A Michigan former high student student is suing school officials under Title IX claiming they failed to properly investigate allegations she was sexually assaulted at school by a prominent athlete, and ignored her claims of cyberbullying that forced her to leave school.

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Federal appellate court rules Ohio district is not liable for teacher’s sexual abuse of student

A three-judge panel for the U.S. Court of Appeals for the Sixth Circuit has ruled that an Ohio school district is not liable under either Title IX or Section 1983 for a teacher’s sexual abuse of a student.

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Ohio federal court dismisses peer bullying/harassment suit against district in student suicide case

An Ohio federal district court has granted a school district’s motion for summary judgment in a suit brought by the parents of a high school student who committed suicide, claiming that the student was repeatedly subjected to peer bullying and harassment in violation of her Fourteenth Amendment substantive and procedural due process rights, Fourteenth Amendment equal protection rights, Title VI and Title IX rights, and under Section 1983 related to a municipal liability claim based on the failure to train.

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Federal appellate court upholds $1M jury verdict against New York district for student-on-student race/color harassment

A three-judge panel of the U.S. Court of Appeals for the Second Circuit has ruled that a New York state school district is liable under Title VI for student-on-student harassment based on race and color, upholding a $1 million reduced jury verdict.

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Sua Sponte: NSBA urges Eleventh Circuit to preserve the high deliberate indifference standard in disability-based harassment cases

On November 28, 2012, NSBA, along with three other education organizations, filed an amici curiae brief in Long v. Murray County School District, now before the Eleventh Circuit, to assist the appellate court in its review of the decision by the U.S. District Court for the Northern District of Georgia, as to whether it “correctly concluded, relying on Davis v. Monroe Cnty. Bd. of Educ., that [the parents of a special education student] had not presented evidence of ‘deliberate indifference’ required to establish a peer-on-peer harassment claim” under Section 504 or the ADA.

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Federal appellate court upholds $200,000 jury verdict against Florida district for student-on-student sexual harassment

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has upheld a jury verdict for $200,000 for the parents of two male middle school students who were sexually harassed in the school’s locker room by their basketball teammates.

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Federal court rules Georgia district is not liable for bullying of student who committed suicide

In a suit that has received national attention, the ATLAW Daily Report says a federal judge in Rome, Georgia, has determined that a high school student who hanged himself in 2009 likely was subjected to severe and pervasive bullying throughout his high school career, but that the school system had responded effectively every time school administrators were alerted that the teen had been bullied.

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Federal appellate court affirms dismissal of student’s claims against Mississippi district; no constitutional duty to protect student from sexual abuse by a private individual under “special relationship” theory

The U.S. Court of Appeals for the Fifth Circuit (LA, MS, TX), sitting en banc (all active judges participating in considering and deciding the case), has ruled that a school district did not have a constitutional duty to protect an elementary school student from sexual abuse by a private actor based on the constitutional theory that the school had a special relationship with the student.

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Federal district court grants Delaware school district summary judgment in student’s Title IX peer sexual harassment suit

A federal district court in Delaware has granted a school district summary judgment, rejecting a student’s Title IX claim based on student-on-student sexual harassment. The district court concluded that the plaintiffs had failed to show that the defendants were “deliberately indifferent” to the student-on-student sexual harassment the student experienced or that the defendants’ responses to known instances of harassment were “clearly unreasonable.”

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