NSBA Legal Clips
Archived entries for sexual harassment

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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Federal appellate court rules Wisconsin district is not liable for Title IX teacher-on-student sexual harassment

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has ruled that a school district is not liable under Title IX for teacher-on-student sexual harassment because teachers’ alerts to a school administrator of their suspicion that a female co-worker had an inappropriate relationship with a student did not constitute actual notice of sexual harassment.

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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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Pennsylvania district and DOJ file proposed consent decree to prevent future student-on-student sexual harassment

The U.S. Department of Justice and the Allentown School District have filed a proposed joint consent decree in a Pennsylvania federal district court, containing provisions designed to address and prevent student-on-student sexual assault.

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Missouri paper sues school district for not disclosing settlement records

According to the Associated Press, as reported on NECN.com, The Springfield News-Leader, a Missouri newspaper, has filed a lawsuit against the Republic School District for not disclosing how much money the district paid the family of a middle school student who claimed her school ignored her complaints that she had been repeatedly raped by another student.

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Federal appellate court upholds dismissal of Title IX sexual harassment claim, despite lower court’s reliance on Title VII framework

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit (AL, GA, FL) has affirmed a federal district court’s grant of summary judgment in favor of a Georgia school district, dismissing a student’s claim of teacher-on-student sexual harassment under Title IX, even though the lower court improperly applied a Title VII framework instead of the appropriate Title IX standard of review.

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Federal district court holds student stated valid claim for violation of substantive due process based on sexual relationship with guidance counselor, despite age

A federal district court in Massachusetts has ruled that a female student has stated a valid claim for violation of Fourteenth Amendment substantive due process rights, as well as violation of Title IX, based on the student’s sexual relationship with a school guidance counselor, even though the student was over the age of consent at the time of the relationship.

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Federal appellate court holds student failed to present sufficient evidence on federal claims based on peer sexual harassment

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit (CA, OR, WA, AZ, MT, ID, NV, AK, HI, GU, MP), in a brief unpublished opinion, has upheld an Arizona federal district court’s grant of summary judgment in favor of a school district on a student’s claims related to peer sexual harassment.

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