In the case of Doe, et al. v. Metro. Govt. of Nashville & Davidson County, the Court of Appeals characterized the heightened importance of sexual harassment claims in the K-12 school setting and the effect of such claims on Title IX liability.
Here, the plaintiffs asserted allegations of sexual harassment resulting from the recording of sexual acts on school grounds and circulation of such recordings to the student body. The plaintiffs argued that the school’s deliberate indifference to their claims of sexual harassment imposed liability on the school before the harassment as well as after the harassment. The “before” claims related to the school’s failure to prevent the pattern of sexual harassment of students and distribution of sexual images of minor students that had been ongoing at the school. The “after” claims related to the further harm suffered by the plaintiffs for the school’s failure to adequately respond to their sexual harassment allegations.
For the “before” claims, the Court found that the plaintiffs were able to prove that the school’s deliberate indifference to known past acts of sexual misconduct caused the misconduct that the plaintiffs were alleging, thereby satisfying the causation requirement of “before” claims under Title IX.
With respect to the “after” claims, the Court focused on the adequacy of the schools’ response to the reports of sexual harassment and found that the schools’ failure to take accountability resulted in further harm to the plaintiffs because K-12 schools exert control and oversight onto their student body and it is within school officials’ authority to “prescribe and control conduct in the schools.”
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.