This is a civil rights suit on behalf of Jane Doe, a biracial female who, at age 16, was forced to engage in a sexual act at school by a high school male student. When Jane Doe reported the incident to school officials, they did not treat it as a report of sexual assault and instead blamed Jane Doe, disciplining her for violating the school’s policy on sexual misconduct and indecency. The school suspended Jane Doe for 10 days for “participating” in a sexual act, and, upon Jane Doe’s return to school, she was forced to attend class with her assailant.
The lawsuit asserts sex discrimination and retaliation claims under Title IX, as well as a constitutional claim under § 1983 for a failure to train school officials on how to address sexual harassment.
Our client’s story attracted extensive media attention in 2016 while we were representing her in a complaint filed with the U.S. Department of Education’s Office for Civil Rights (OCR). This galvanized an investigation by the Gwinnett County District Attorney and protests by Georgia students.
The school district moved to dismiss the case. The district court denied the school district’s motion on all three of Doe’s claims.