The suit was filed in 2018 by an anonymous plaintiff, known in court documents as Jane Doe, who said she was sexually assaulted by a male student during an Oakton High School band trip in 2017.
by an anonymous plaintiff, known in court documents as Jane Doe, who said she was sexually assaulted by a male student during an Oakton High School band trip the year before. Doe alleged in her suit that the Fairfax school board failed to properly investigate the incident and that the school system’s response was “flawed at every stage of the process.
The Supreme Court’s decision on Monday not to take the case is a blow to the school district. And it means a second trial for Doe. As happens frequently, the court turned down the case without comment.Alexandra Brodsky, an attorney with nonprofit legal advocacy group Public Justice, which is representing Doe, wrote in a statement Monday that her client is relieved.
Fairfax schools spokeswoman Julie Moult wrote in a statement Monday that the high court is leaving “important legal questions unsettled” by refusing to hear the case and establish whether “schools can be sued in private lawsuits for more damages under Title IX when it is undisputed that their actions have not led to any harassment.”
The girl did not report the alleged attack on the band trip because of trauma and fright, her lawyer previously told The Post — but the girl did tell several friends, who ultimately reported the incident to school employees. That led the school system to open an investigation, interviewing both Doe and the male student, who maintained that the encounter was consensual.
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