Washington, District of Columbia 2021-06-16 19:53:11 –
The Federal Court of Appeals on Wednesday revived a proceeding from a North Virginia student who said her school was unable to take appropriate action after she said she had been sexually assaulted on a band trip.
A graduate student said that the manager of Oakton High School in Fairfax County treated her indifferently after another student said he had improperly touched her on a school bus during an out-of-state trip in 2017 without her consent. Stated.
In a 2019 trial in federal court in Alexandria, a jury discovered that she had actually been assaulted. However, they threw her case out of expertise and ruled that the school system had no “real notice” of the assault.
In fact, the jury had clear signs that he was confused about what he needed to see the actual notification. The jury asked questions about the criteria during the deliberations, and several juries said there was a misunderstanding after the case.
Given Wednesday’s 2-1 decision by a panel of three judges from Richmond’s Fourth U.S. Court of Appeals for the Circuit, Judge Jameswin said the girl herself had been touched by her manager without her. Agree, the school said it was clear that it had noticed, and several students and parents reported allegations of assault.
At the 2019 trial, school system lawyers claimed that the assault did not occur. They said the evidence showed that the girl was ambiguous about her participation in the act and was really upset only when she learned that the schoolboy had a girlfriend.
A schoolgirl, identified only as Jane Doe in court, tried to prevent the schoolboy’s hands from groping for her while the schoolboy was sitting under the blanket, and at some point she Testified that she only pulled her hand away from her genitals and let him grab it and put it back.
She never said “no” to him and admitted that she didn’t get up and try to leave. But she was determined that she did not agree.
“It’s that easy. I never said yes to him,” she testified.
The boy who committed the assault was not punished. In an email sent by the administrator, a school guard who sent a text to make a “once in a band camp” joke about the incident, referring to the line about sexual activity between bands in the movie “American Pie”. Students who contained jokes about suspected attacks, including.
Doe said in a statement issued by a lawyer Wednesday that he was grateful for the Court of Appeals’ ruling. “It makes a lot of sense to me that the strong opinion of the Court of Appeals protects other survivors. All students deserve peace of mind at school,” she said.
Alexandra Brodsky, Doe’s leading Public Justice lawyer, said: “FCPS actions, the unruly dismissal of reports of student sexual assault, are too common in school districts across the country. The Fourth Circuit decision in Jane Doe’s case is all. It should serve as a warning that schools must train staff to recognize and deal with sexual harassment. “
Doe’s proceedings were one of four proceedings filed against Fairfax County Public Schools, the tenth largest school system in the United States, over a two-year period over the processing of allegations of sexual assault.
The school system issued a brief statement on Wednesday that it respected and considered the court’s decision. The school system can appeal the decision to either the full Fourth Circuit or the US Supreme Court.
In objection, Judge Paul Niemeyer argued that the jury’s verdict should be upheld. He said the school system received notice of alleged assault, but subsequent notice of an isolated one-off incident did not give the school district a real opportunity to take action.
Virginia Girl’s Sex-Assault Lawsuit Reinstated by Appeals Court – NBC4 Washington Source link Virginia Girl’s Sex-Assault Lawsuit Reinstated by Appeals Court – NBC4 Washington