As we have reported many times here in the Daily Dawg, school districts have liability for the sexual misconduct of their employees only if somebody higher up knew what was happening.  Of course the person who engaged in sexual misconduct faces liability, but the school district will not unless somebody else “knew.”  So how do you prove that?

In a recent case from Illinois the court tossed out the plaintiff’s lawsuit because it failed to allege “facts” which would show that somebody important knew what was happening.  Here’s the weird thing: the plaintiff did allege that high ranking officials “knew” that two security officers had been “grooming” and then molesting high school students. But the court labeled that allegation as a “conclusion” rather than a “fact.”  The court pointed out the absence of any allegation that 1) these officials witnessed the abuse; or 2) were told about it.

OK—so that’s what it takes to prove that someone “knew.”  It’s not good enough to say that they knew.  You have to allege how they knew—they were told, or they saw. They heard it with their ears or saw it with their eyes.  Anything other than that is “conclusory” and won’t get you to first base in a federal court suit.

So the court dismissed constitutional and Title IX claims against the district, the board, the superintendent and the principal.  None of them were told.  None of them saw. 

You may be wondering what happened to the security officers. They were fired, but the court did not disclose the reasons.  You have to think that the sexual misconduct must have been the reason.  It’s Sterling v. BOE of Evanston Township  High School District, decided by the Northern District of Illinois at 78 IDELR 134.

DAWG BONE: IT’S TOO HOT: THAT’S A CONCLUSION.  IT’S 98 DEGREES IN THE SHADE: THAT’S A FACT.

Got a question or comment for the Dawg?  Let me hear from you at jwalsh@wabsa.com. 

Tomorrow: Parent Power.