District Wins Title IX Case

by Marcos Mendoza and Marcy Barker

The TASB Risk Management Fund was notified of a Title IX allegation against both Eanes ISD and an elementary school Principal. Attorney Kevin Cole of Cole & Powell was engaged to defend the member district. The initial lawsuit was filed by two plaintiffs, Alice L. as next friend of R.L. and Kathy P., individually and as next friend of L.P. The Plaintiffs alleged their daughters were sexually abused by a classmate while attending school, and as such sought to hold the District and the Principal liable for failing to prevent and stop the abuse. The District acknowledged receiving notice of the alleged inappropriate sexual contact on L.P. on 3/1/06 and took prompt remedial action, but disputed receiving any notice of abuse on R.L. prior to 5/15/06. The Plaintiffs alleged the District was given notice of abuse to R.L. on 3/13/06 and 3/16/06. Prior to trial, the Court granted the District’s motion for summary judgment dismissing the claims of Kathy P., individually and as next friend of L.P., against the District and the Principal, leaving only the Title IX claim of Alice L. as next friend of R.L. against the District.
 
In January of 2008, the jury found the evidence did not show that the District had actual notice of sexual harassment that deprived RL of access to educational benefits or opportunities before May 2006, and therefore had no liability under Title IX. While this was a very unfortunate incident for all involved, the Eanes ISD personnel took prompt action once they were made aware of the situation, and defense counsel and TASB claim handlers worked closely to ensure that an appropriate and timely defense was pursued.