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Judge dismisses some claims in Upper St. Clair rape lawsuit
Tuesday, November 11, 2008

A federal judge has thrown out three of five claims in a civil lawsuit against the Upper St. Clair School District by a student who said she was raped at the high school.

Ruling on a motion filed by the school district, U.S. District Judge Gary L. Lancaster wrote that the civil rights claims made by the girl against eight individual teachers and administrators in the district could not stand.

"We were disappointed," said attorney David J. Barton, who represents the girl, identified in the lawsuit as Jane Doe. "I disagree with the judge's order, although I understand the reasons that take him to that juncture."

The girl claims she was raped by a freshman in a school stairwell in early February. She said in the lawsuit that the same boy raped two other students in the same location and that he previously had sexually assaulted her.

Among the claims raised in the lawsuit, the girl said that she brought the assaults to the attention of one of her teachers, but the school district failed to take any action against the boy.

In his opinion, dated Saturday, Judge Lancaster ruled that there can be no claims against individuals in the case because they are subsumed by federal Title IX legislation, which prohibits sexual discrimination in educational programs.

The Title IX claims raised by Jane Doe in this case include that the district permitted a pervasive climate of student-on-student sexual harassment, and that the district failed to remedy a sexually hostile environment.

The girl and her parents, who also are plaintiffs in the case, can recover compensatory damages, though Title IX does not provide for punitive awards.

"This was a case we were convinced a jury would have awarded punitive damages because of some of the egregious acts of some of the defendants involved," Mr. Barton said.

He alleged in the lawsuit that when one teacher heard of the boy writing inappropriate text messages and fondling a girl, that she required him to write notes of apology while serving an in-school suspension.

Judge Lancaster noted, though, that the U.S. Supreme Court will take up a similar issue in a case to be heard on Dec. 2. If it reverses the precedent in this district, the judge said, he will reconsider the claims.

The boy, who was 14 at the time, admitted to some charges in juvenile court last month.

Paula Reed Ward can be reached at pward@post-gazette.com or 412-263-2620.
First published on November 11, 2008 at 12:00 am
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