29 results for 'cat:"Education" AND cat:"Assault"'.
J. Copperthite denies the board’s motion to dismiss this sex discrimination lawsuit brought by a male student who was accused of sexual misconduct by a female student. The male student claims he was falsely accused and is a victim of gender discrimination because the university forced him to undergo an allegedly bias-ridden investigation process before expelling him. His pleadings allow a plausible inference of discrimination and he properly alleges the board deprived him of his due process rights. The student seeks declaratory and injunctive relief to require the board to reverse the hearing’s outcome, restore his reputation, expunge and seal the disciplinary and dismissal records, destroy the female student’s complaint and return him to good standing, but the court does not rule on this yet.
Court: USDC Maryland, Judge: Copperthite, Filed On: April 18, 2024, Case #: 1:23cv3100, NOS: Education - Civil Rights, Categories: education, Due Process, assault
J. Reidinger denies the University of North Carolina’s motion to stay pending appeal in this ongoing litigation involving a male student accused of sexually assaulting four female students. The male student claims he was falsely accused and a victim of gender discrimination after the university revoked his scholarship and expelled him. Previously, the university’s motion to dismiss the student’s claims were partially denied, specifically because the university failed to establish immunity at this stage in relation to the discrimination claims. Therefore, a stay pending appeal is not warranted.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 10, 2024, Case #: 1:23cv41, NOS: Education - Civil Rights, Categories: Civil Rights, education, assault
J. Dever grants a female student’s motion to transfer litigation from North Carolina to Louisiana in a suit she brought against a male student for sexual assault. Both students attended Tulane University in Louisiana at the time of the alleged assault, although the male student now resides in North Carolina. After the female student initiated litigation against the male student, he counter-sued for defamation and also sued Tulane for breach of contract as he was dismissed from the university one month before graduation. Weighing all factors in the case, the litigation involving the female student will be transferred to Louisiana where the suit against Tulane is already taking place.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 28, 2024, Case #: 5:22cv500, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: education, Defamation, assault
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J. Mastroianni grants in part the motions to dismiss filed by a city and public school officials against the victims and representatives of victims of sexual assault on the city’s public high school campus. The victims and their representatives fail to adequately substantiate that the school officials violated their substantive due process rights by failing to prevent other students from sexually assaulting them, but the victims and their representatives do adequately support a Title IX claim based on school officials’ failure to take appropriate remedial actions, such as properly investigating three of the victims’ reported incidents of being sexually assaulted.
Court: USDC Massachusetts, Judge: Mastroianni, Filed On: March 25, 2024, Case #: 3:22cv11701, NOS: Education - Civil Rights, Categories: education, Municipal Law, assault
J. Osteen denies a male university student’s motion for preliminary injunction following an investigation into allegations of rape and sexual assault brought against him by a female student. The male student, found responsible for sexual misconduct, counters by saying that procedural irregularities in the investigation and hearing were committed against him based on gender bias. However, the male student provides no evidence of gender bias or violation of the university’s Title IX policy.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:24cv41, NOS: Education - Civil Rights, Categories: education, Tort, assault
J. Sannes preserves claims for hostile work environment and Title IX gender discrimination against St. Lawrence University, who was sued by a sociology professor who claims she was drugged and raped by a fellow professor at his off-campus home. The court finds the complaint successfully imputes liability for the sexual assault onto the university under Title XI on the basis of deliberate indifference before and after the assault, and further sufficiently alleges that the alleged perpetrator’s actions after the sexual assault were threatening and constituted a hostile work environment. Additionally, the court trims a countercomplaint filed by the alleged perpetrator and preserves a single claim for defamation regarding Facebook posts she made alleging she was a victim of rape.
Court: USDC Southern District of New York, Judge: Sannes, Filed On: March 14, 2024, Case #: 8:23cv426, NOS: Employment - Civil Rights, Categories: education, Defamation, assault
J. Sessions grants, in part, a university’s motion to dismiss in this negligence lawsuit brought by four female students. The students allege they were sexually assaulted, drugged and raped by fellow students, and say the university, its board of directors and administrators failed to properly investigate or hold the assailants accountable. The students have plausibly alleged the post-assault deliberate indifference claims, prohibited retaliation under Title IX and due process, so those claims proceed.
Court: USDC Vermont, Judge: Sessions, Filed On: March 7, 2024, Case #: 2:22cv212, NOS: Other Civil Rights - Civil Rights, Categories: education, Negligence, assault
J. Gorton allows the majority of claims against public school district officials, teachers and a town to be dismissed. One teacher repeatedly physically and emotionally abused her very young, disabled students, and two of her students demonstrated the severity and long-lasting impact of the abuse enough to prevent the dismissal of their claims for intentional infliction of emotional distress. Other suing students did not show the severity necessary to support their intentional infliction of emotional distress claims. Additionally, the other teachers, officials and the town are not shown to have been responsible for the abuse.
Court: USDC Massachusetts, Judge: Gorton, Filed On: March 4, 2024, Case #: 1:23cv11170, NOS: Other Civil Rights - Civil Rights, Categories: education, Emotional Distress, assault
J. Stewart issues a writ of mandamus granting state-agent immunity to a school principal, vice principal and superintendent against negligence claims filed by a substitute teacher who was assaulted by a student. The teacher failed to show the school officials acted outside their authority.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: January 19, 2024, Case #: SC-2023-0201, Categories: education, Immunity, assault
J. Vitter denies summary judgment to university's board of supervisors, refusing to dismiss allegations it knew a college football player had physically harassed one female student before a second woman alleged he punched her so hard in the stomach he fractured her ribs. The two women have raised a genuine issue of material fact regarding whether the board exercised substantial control over the football player, who was ultimately expelled following his arrest for beating the woman and repeatedly disobeying court orders.
Court: USDC Middle District of Louisiana, Judge: Vitter, Filed On: December 22, 2023, Case #: 3:21cv242, NOS: Other Civil Rights - Civil Rights, Categories: education, Evidence, assault
J. Bennett denies a teacher’s motion to dismiss negligence, battery and state and federal civil rights claims brought by the parents of a minor elementary school student. The teacher allegedly slammed the minor to the floor to discipline his behavior and asked other students to raise their hands if they had been bullied by him. The parents have properly pled facts. The substantive due process and equal protection claims were previously dismissed as to everyone named in the original complaint, but the teacher was not originally named on those claims.
Court: USDC Maryland, Judge: Bennett, Filed On: November 3, 2023, Case #: 1:22cv1601, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, assault
J. Hollander grants in part a county school board’s motion to dismiss a mother’s amended complaint on allegations of negligence following the acknowledgment that a six-year-old girl had been sexually abused by two classmates while at school on five separate occasions. The school superintendent and principal did not communicate with the parent until a victim advocate reported the abuse to her. There is “no basis in the law to support a substantive due process claim against Ms. Peake in her individual capacity for acts involving third parties for which she had no notice and was not personally involved.” The allegations against the superintendent based on supervisory liability are dismissed due to failure to state a claim.
Court: USDC Maryland, Judge: Hollander, Filed On: October 12, 2023, Case #: 1:22cv1102, NOS: Other Personal Injury - Torts - Personal Injury, Categories: education, Negligence, assault
J. Nakamoto finds the trial court erred by dismissing special education paraeducators’ claims alleging physical and sexual assaults by students within Portland Public Schools (PPS) that the schools failed to address. “Allegations are sufficient, if true, to permit a factfinder to conclude that the individual defendants engaged in conduct that was a cause of plaintiffs’ alleged injuries.” Reversed.
Court: Oregon Court of Appeals, Judge: Nakamoto, Filed On: September 27, 2023, Case #: A173665, Categories: education, Employment, assault
J. Flanagan denies a sports medicine director at the University of North Carolina his motion to dismiss allegations of sexual abuse brought by a former student and soccer player. The student, who is male, had been 17 years old at the time of the allegations. After the student had surgery, the director did things like assisting him in undressing, watching the student shower, giving him deep tissue “sports massages” that left bruising, and handling the student’s genitals without consent or medical need. Because the director did not file a memorandum in support of his motion, and because he did not respond to the student’s opposition to it, the director's motion is denied.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:22cv344, NOS: Education - Civil Rights, Categories: education, Tort, assault
J. Flanagan grants the University of North Carolina’s motion to dismiss allegations of negligence for not addressing sexual abuse claims brought by a former student and athlete. The alleged abuser was the sports medicine director at the school, and the student — along with others making similar claims — alleges that the director instructed the student to remove his compression shorts during an exam, then directed him onto all fours and touched his crotch and anus, calling it a “massage.” However, before another student notified the police of the alleged abuse by the director on himself, the university claims it had no knowledge of the director’s actions. In 2015 and 2016, other coaches had reported suspected sexual conduct by the director, but no claims were ever confirmed. Despite the fact that the university moved the director to an administrative position a year after the reports, legally it did not have actual knowledge of the director’s behavior.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:23cv44, NOS: Education - Civil Rights, Categories: education, Tort, assault
J. Stratton finds that the trial court properly dismissed a lawsuit alleging that a teacher "manhandled" a student because the student's school district complaint form did not meet the requirements of the Government Claims Act. In the school district complaint the student sought administrative actions but failed to make a claim for damages or threaten litigation. And the school did not waive its right to assert noncompliance with the Act since the student knew of the claim defects while there was still time to file a late claim. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: August 28, 2023, Case #: B318012, Categories: education, Damages, assault
J. Davies finds a lower court improperly dismissed a co- educational secondary school's claims that it was not vicariously liable for the assault and battery of one of its students. The student's representation argued that the school failed to intervene with a former student, now an adult, who sexually battered her. However, the school presented sufficient evidence in court that it was not responsible for the former student's actions because the assault took place well after he was enrolled. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: August 25, 2023, Case #: CA-2022-1876, Categories: education, Negligence, assault
J. Donovan reverses summary judgment against a former student who sued the high school she attended as a minor, where she was sexually assaulted by a teacher. While her complaint fell outside the statute of limitations, she had only learned recently that the school had hired the teacher who assaulted her while fully aware that the teacher had been convicted of unlawful sexual conduct with a minor female student in Maine. Reversed and remanded.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: August 10, 2023, Case #: 2022-0259, Categories: education, Due Process, assault
J. Diaz finds the lower court properly dismissed the suspended student's complaint holding that he hadn’t alleged a cognizable liberty or property interest in his continuing education. The student, accused of abusing his girlfriend, hasn’t alleged that he was deprived of his education without sufficient process including a three-month-long investigation. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: August 8, 2023, Case #: 22-1971, Categories: education, assault
J. Rice denies the university summary judgment regarding the student's assault and battery claims, which arises from her lawsuit alleging that her boyfriend raped her in her dorm room at the university. It is currently unclear if this claim is time-barred as there is a dispute on whether the Woodinville address of the boyfriend's father, where notice was served, qualified as the boyfriend's address, and thus if that caused an unreasonable delay for litigation.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: August 8, 2023, Case #: 2:22cv69, NOS: Education - Civil Rights, Categories: Civil Procedure, education, assault
J. Yarbrough grants an anonymous student’s motion to file a second amended complaint after she alleged that she was raped by a senior while she was a freshman and that school officials allegedly “protected him from being held accountable.” A second amended complaint would not unfairly prejudice these officials, and important new facts have come to light, including the existence of a second accuser.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: August 7, 2023, Case #: 1:20cv1041, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, assault
J. Hurd preserves a white SUNY Albany student’s Title VI racial discrimination claim brought against the school, finding the student plausibly alleges the university discriminated against him on the basis that he is white after, pressured by local businesses and civil rights activists, it reversed its decision to fire the men’s basketball coach, who is Black, even though he had assaulted the student during an away game.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: July 20, 2023, Case #: 1:22cv1190, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, assault
J. Joseph grants a request by a Louisiana woman and her parents for additional time to serve a lawsuit in France against a French citizen, who she says was an LSU graduate student when he sexually assaulted her almost 5 year ago. She says he attacked her during a church retreat in 2018, organized by the “Ragin’ Cajun Catholics” college ministry at the University of Louisiana at Lafayette. Considering that the woman filed suit against the French citizen more than two years ago and the difficulties of serving a suit abroad, she is given extra time to demonstrate continued “reasonable diligence” in attempting service on her alleged assailant.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: June 27, 2023, Case #: 6:21cv430, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: education, assault