AISD Prevails In Suit by Former Student

by Marcos Mendoza

A lawsuit against the Austin Independent School District was dismissed in federal court on May 7, 2008, by directed verdict issued by the judge. The TASB Risk Management Fund provided the coverage for this matter. The suit involved a high school student that alleged the school district failed to prevent a color guard instructor from having sex with the student. The first time the district was aware of any relationship was after the student’s mother came forward with phone records showing numerous lengthy calls between the two, after which the instructor was terminated. The student admitted in court he never told administrators or teachers about any sexual relationship, and had even denied it during the district’s investigation. In issuing the directed verdict, the judge stated there was no evidence the district had knowledge of any inappropriate relationship prior to becoming aware of the phone records, and the matter was dismissed before reaching the jury. Property/Casualty Claim Adjuster, Wanda Johnson, handled this claim through trial, and her oversight was instrumental in the successful defense of the member district.