Doe ex rel. J.D. v. Board of Education

888 F. Supp. 2d 659, 2012 WL 3563973, 2012 U.S. Dist. LEXIS 115685
CourtDistrict Court, D. Maryland
DecidedAugust 16, 2012
DocketCivil Action No. AW-11-03229
StatusPublished
Cited by23 cases

This text of 888 F. Supp. 2d 659 (Doe ex rel. J.D. v. Board of Education) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe ex rel. J.D. v. Board of Education, 888 F. Supp. 2d 659, 2012 WL 3563973, 2012 U.S. Dist. LEXIS 115685 (D. Md. 2012).

Opinion

MEMORANDUM OPINION

ALEXANDER WILLIAMS, JR., District Judge.

Plaintiffs John and Jane Doe (“Plaintiffs” or “Parents”) bring this action on behalf of their son J.D. (“J.D.”) against Defendants Kathleen Schwab (“Schwab”) and the Board of Education of Prince George’s County (“Board”). Plaintiffs assert a student-student sexual harassment claim under Title IX, as well as supplemental state law claims for negligence and gross negligence. Pending before the Court are (1) Defendants’ Motion to Dismiss or, in the Alternative, for Summary Judgment (“Motion to Dismiss”) and (2) Plaintiffs’ Motion for Entry of Scheduling Order or, in the Alternative, for Commencement of Discovery (“Motion for Entry of Scheduling Order”). The Parties have fully briefed the matter and the Court deems no hearing necessary. For the reasons articulated below, the Court DENIES Defendants’ Motion to Dismiss and DENIES AS MOOT Plaintiffs’ Motion for Entry of Scheduling Order.

I. FACTUAL AND PROCEDURAL BACKGROUND

The Court takes the following facts from the Complaint and assumes their truth to rule on the instant Motion to Dismiss. This dispute arises from events taking place between October 2008 and June 2010. Plaintiffs’ son, J.D., matriculated at Robert Goddard Montessori School (“School”) in fall 2008, where he was assigned to Lisa Jellison’s (“Jellison”) class. In October 2008, J.D. told his Parents that a classmate (“Classmate”) was making sexually explicit comments to him. The Parents reported this incident to Jellison and the School’s principal at the time, Ms. Johnson (“Johnson”).1 However, the School allegedly took no action.

[662]*662As time went on, J.D. reported to his Parents that Classmate continued to harass him sexually and expressed a desire to change schools. His Parents allegedly notified Jellison and the vice principal, Kathleen Schwab (“Schwab”) of the harassment and were told that the incident was under investigation. Later in the year, Classmate allegedly exposed his genitalia to J.D. and forced J.D. to touch them. J.D. reported this incident to Jellison, who allegedly informed Johnson and Schwab. Allegedly, however, no one called the Parents and the School took no steps to protect J.D. Classmate’s conduct continued — sometimes occurring multiple times daily — and J.D. complained several more times to Jellison. Then, the Parents allege that J.D. stopped complaining because of Defendants’ inaction with respect to Plaintiffs’ prior complaints. When confronted, Schwab allegedly told the Parents that Classmate denied all allegations and refused to do more. The Parents allegedly complained to the Board’s Area Supervisor, but to no avail.

The School assigned J.D. and Classmate to the same class for the following year (2009-2010). That fall, the Student started to accost J.D. in the restroom, at one point trying to climb into the stall where J.D. was located, thus forcing J.D. to flee. J.D. told his Parents about this incident, who immediately informed Schwab. That year, J.D.’s father went to the School more than ten times to ask for help, and Schwab allegedly promised to implement a sign-in/sign-out system and to provide an escort for restroom visits. Allegedly, however, the School implemented neither program. Plaintiffs further allege that the School refused to review footage of the hallways and restroom entrance, going so far as to record over the tapes at a later date.

In February 2010, J.D. allegedly began to exhibit anxious behavior, such as soiling his clothing, as well as showing revulsion at the thought of using school restrooms. Allegedly, he would cry and scream when his Parents would try to talk to him, indicating a preference avoid school or, at least, to take his cousin for protection. In June 2010, J.D.’s Parents allegedly found sexually explicit messages from Classmate on J.D.’s cell phone, whereupon J.D. told his Parents that Classmate had forced J.D. to perform sexual acts on Classmate in the school restroom and classroom library. Plaintiffs allege that J.D. has been diagnosed with post-traumatic stress disorder and symptoms of anxiety and depression on account of Classmate’s alleged harassment. J.D.’s Parents further aver that he receives treatment for trauma stemming from those events, in addition to suffering from sleep deprivation and nightmares.

On November 10, 2011, the Parents lodged their Complaint against Defendants. Doc. No. 1. Defendants filed the instant Motion to Dismiss on December 15, 2011. Doc. No. 8. Plaintiffs later filed their Motion for Entry of Scheduling Order on May 15, 2012. Doc. No. 12. The outstanding Motions are ripe for the Court’s resolution.

II. STANDARD OF REVIEW

The purpose of a motion to dismiss is to test the sufficiency of the plaintiffs complaint. See Edwards v. City of Goldsboro, 178 F.3d 231, 243 (4th Cir.1999). In two recent cases, the U.S. Supreme Court has clarified the standard applicable to Rule 12(b)(6) motions. Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). These cases make clear that Rule 8 “requires a ‘showing,’ rather than a blanket assertion, of entitlement to relief.” Twombly, 550 U.S. at 556 n. 3, 127 S.Ct. 1955 (quoting Fed.R.Civ.P. 8(a)(2)). This [663]*663showing must consist of at least “enough facts to state a claim to relief that is plausible on its face.” Id. at 570, 127 S.Ct. 1955.

In deciding a motion to dismiss, the court should first review the complaint to determine which pleadings are entitled to the assumption of truth. See Iqbal, 129 S.Ct. at 1949-50. “When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.” Id. at 1950. The court must construe all factual allegations in the light most favorable to the plaintiff. See Harrison v. Westinghouse Savannah River Co., 176 F.3d 776, 783 (4th Cir.1999). The Court need not, however, accept unsupported legal allegations, Revene v. Charles County Commissioners, 882 F.2d 870, 873 (4th Cir.1989), legal conclusions couched as factual allegations, Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986), or conclusory factual allegations devoid of any reference to actual events, United Black Firefighters v. Hirst, 604 F.2d 844, 847 (4th Cir.1979).

III. LEGAL ANALYSIS

A. Title IX

The Board argues that Defendants’ Title IX claim2 fails for (1) not meeting the relevant statute of limitations and (2) failing to sufficiently plead satisfaction of the required elements of a Title IX claim. For the following reasons, the Court rejects these arguments.

1. Statute of Limitations

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
888 F. Supp. 2d 659, 2012 WL 3563973, 2012 U.S. Dist. LEXIS 115685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-ex-rel-jd-v-board-of-education-mdd-2012.