Landmark Federal Court Decision Declares Child's Right to Be Free of Sexual Assault by Public School Teachers

MIAMI, April 29 /PRNewswire-USNewswire/ -- On Tuesday, April 27, the Eleventh Circuit Federal Court of Appeals issued an important ruling that federal law protects the right of a child to be free from sexual assault by his or her public school teachers.  It reversed a lower court decision and held that Title IX, widely recognized as protecting students from discrimination, provides a remedy for a child sexually assaulted by a teacher when the school principal fails to adequately respond to prior complaints against the teacher.  

Jane Doe v. School Board of Broward County, et al. (Case No. 07CV21367), was filed in the Southern District of Florida in 2008.  The lawsuit alleged that Conraad Hoever forcibly raped then-14 year old Jane Doe in his classroom at Blanche Ely High School in Pompano Beach, Florida.  At least two other female students were victims of Hoever's sexual, verbal, and physical harassment.  The school principal, Dr. Sam Scarella, was aware of their complaints about Hoever prior to Jane Doe's assault.  

Today's opinion holds that a public school board may be liable under Title IX for the sexual assault of a student by a teacher if a principal does not adequately respond to prior allegations of sexual misconduct by a teacher even if (1) the school board was unaware that a particular student was at risk for sexual assault by the teacher, and (2) the prior complaints do not rise to same level of misconduct eventually directed at the plaintiff.

Stuart Mermelstein, Jane Doe's attorney, said, "This decision is a victory for children in public schools.  As parents, we send our kids to schools where we hope and believe they are safe.  Today's decision recognizes children's rights to be safe in their classrooms, and that a public school board may be held accountable if they are not."  

The case will be remanded to Federal District Court for trial. Hoever was criminally convicted for his assault on Jane Doe by a Broward County jury and was recently sentenced to 15 years in prison.  

A copy of the Opinion is available at http://jessicaarbour.blogspot.com. It is also available on the Eleventh Circuit Court of Appeals website (No. 09-10394).

SOURCE Mermelstein & Horowitz, P.A.

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