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Case No. 6:11-cv-03228-ODS Plaintiff vs. Republic R-III School District.

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Presentation on theme: "Case No. 6:11-cv-03228-ODS Plaintiff vs. Republic R-III School District."— Presentation transcript:

1 Case No. 6:11-cv ODS Plaintiff vs. Republic R-III School District

2 The first rape occurred during the school year on school propery The school officials didnt believe her so she withdrew her statement The victim was forced to write and hand deliver an apology letter to the culprit She was expelled for the remainder of the year for her actions After reinstatement, educators refused her plea for extra monitoring

3 Shortly after her return to school, she was forced into the library and raped by the same student She didnt report the incident for fear that she would be punished once again The girls mother took her into the Child Advocacy Center for an examination Semen found on the victim was a match with DNA of the accused boy

4 Only then was the boy brought to juvenile court, where he entered a guilty plea. The girl was expelled once again because she expressed disrespectful conduct and a public display of affection on school grounds said by the school officials. (RT Question More, 2011).

5 The suit was filed on July 5 th The suit claimed the female student had told officials about harassment, assault, and rape that occurred during the (News-Leader, 2011). The lawsuit also stated that the girl retracted her rape allegations because the school refused to believe her.(RT Question More, 2011). The plaintiff claimed that the school neglected to reexamine the girls file File states she is conflict adverse, behaviorally passive, and would forego her own needs and wishes to satisfy the request of others around her in order to be accepted (RT Question More, 2011).

6 The plaintiff also brought forth the fact that the school made the girl write, and hand-deliver an apology letter to the assailant before expelling her for the remainder of the year (News-Leader, 2011). The school district didnt comment much on the case, but they did say that the student was at fault because she "neglected to use reasonable means to protect herself (RT Question More, 2011). The Republic School District called the lawsuit frivolous and unfounded This was despite all evidence proving she had been raped at least once on school property (RT Question More, 2011).

7 Count I: Violation of Title IX by defendant school district Count II: Violation of Title IX by defendant school district –retaliation for reporting sexual harassment Count III: Violation of 42 U.S.C. by defendants Mithelavage, Ragain, and Duncan for denial of __s liberty interest in bodily integrity contained in the Due Process Clause of the 14 th Amendment Count IV: Violation of 42 U.S.C. by defendants Mithelavage, Ragain, and Duncan for denial of equal protection under the law as required by the 14 th Amendment to the United States constitution Count V: Violation of 42 U.S.C. by defendant school district for denial of __s rights contained in the 14 th Amendment –failure to adequately train and supervise employees Count VI: Negligence of defendants Mithelavage, Ragain, and Duncan Count VII: Negligent infliction of emotional distress by defendants Mithelavage, Ragain, and Duncan Plaintiff requested a jury demand

8 The terms of the settlement were sealed, but court documents show that a federal judge approved the settlement and closed the case on Nov. 29, 2011 (News-Leader, 2011). Its still unclear if the settlement involves any payment. The states Sunshine Law requires a public government body -- such as the school district -- to disclose the amount of money, if any, paid by, or on behalf of, the public entity in a settlement agreement (News-Leader, 2011).

9 …Regardless of whether the victim files a formal complaint or requests action, the school must conduct a prompt, impartial, and thorough investigation to determine what happened and must take appropriate steps to resolve the situation. (Spellings, Monroe 2008)

10 Title IX and Sexual Harassment 1992 First US Supreme Court Case involving Title IX and Sexual Harassment This Seems to be only the second case of Sexual Harassment and Title IX involving a special needs student (Lopez and United States V Metropolitan Government of Nashville and Davidson Country and Genesis Learning Centers, 2007) 1997 Inclusion of Sexual Harassment in Title IX (Dept of Edu.)

11 There have been multiple cases on Sexual Harassment and Title IX that have progressed to the Supreme Court. Franklin V Gwinnet Gebser V Lago Vista Independent School Dist. Davis V Monroe County Board of Edu Jennings V UNC

12 2 new members starting April 2012 according to the website for the Republic MO school district. While not a finalized court case, the settlement still has an affect on future cases Few Special Needs Court Cases Few Title IX Cases involving Sexual Harassment

13 Gomez and United States of America V. Metropolitan Government of Nashville and Davidson County, and Genesis Learning Centers Middle District Court of Tennessee found at Know your rights and your colleges responsibilities: Title IX and Sexual Assault (2008) urcollege'sresponsibilities.pdf urcollege'sresponsibilities.pdf News-Leader. (2012). Publics job to address school board messes. Retrieved from Springfield-Republic-Marshfield- election?odyssey=mod%7Cnewswell%7Ctext%7COpinions%7Cp Springfield-Republic-Marshfield- election?odyssey=mod%7Cnewswell%7Ctext%7COpinions%7Cp

14 News-Leader. (2011). Republic School District settles suit with former student. Retrieved from RT Question More. (2011). School forces raped girl to apologize to attacker. Retrieved from Sexual Harassment Guidance 1997: SEXUAL HARASSMENT GUIDANCE: HARASSMENT OF STUDENTS1 BY SCHOOL EMPLOYEES, OTHER STUDENTS, OR THIRD PARTIES Sexual Harassment: It's Not Academic: US Dept of Edu Margaret Spellings: Office for Civil Rights Stephanie Monroe (revised 2008)

15 Sexual Harassment On the Internet: Title IX: Lucy Barrios, Katrina Sosa: Cyberspace Law Seminar UNC Spring


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