Title IX Claim Against Public School

May 17, 2023

Recently, a public-school student brought forth a Title IX claim against her school in Massachusetts, following alleged sexual assault and harassment by another classmate.


The student reported the assault, which happened outside of school, to a teacher and other school employees. The student also requested a schedule change so she would not be in classes with her alleged assailant.


Boston Public Schools personnel apparently did not follow up, and the student eventually withdrew from school without graduating.


The student alleged sexual assault and harassment in her claim. The city filed a motion to dismiss the case on the grounds that the student’s allegations do not rise to the level of severity contemplated by Title IX. The court denied the city’s motion to dismiss the claim.


The city of Boston and Boston Public Schools argued in their motion to dismiss that the student had failed to establish the “severe, pervasive, and objectively offensive” harassment that would be actionable under Title IX.


The court held that a student who alleges she was sexually assaulted by a classmate and then harassed at school by the alleged assailant as well as his friends, could bring a Title IX claim against the district for failing to stop and/or prevent the harassment and keep her apart from her alleged assailant.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

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