Advertising Disclosure Email Disclosure

Defense Prevails on Behalf of an Intermediate Unit in a Federal Civil Rights Action

The plaintiff claimed she was sexually abused by her former music teacher, an employee of the plaintiff’s school district. During 9th grade, the plaintiff was placed in an emotional support classroom, which was operated by the intermediate unit but located in the school district’s high school building. The plaintiff made a disclosure to her emotional support teacher (also an intermediate unit employee) of abuse by the music teacher. The emotional support teacher shared the report with her immediate supervisor. The supervisor, in turn, reported the alleged abuse to the school district superintendent and children and youth services. In granting our motion for summary judgment, the court agreed that the intermediate unit acted affirmatively to protect the plaintiff and did not engage in any conduct that put the plaintiff at greater risk of harm. In addition, the court dismissed the plaintiff’s Title IX claim, concluding no “appropriate person” at the intermediate unit maintained supervisory authority over the music teacher because he was not an intermediate unit employee.

Practice Group Contact

Offices

Related Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."