Doe v. Dallas Independent School District

194 F. Supp. 3d 551, 2016 U.S. Dist. LEXIS 89237, 2016 WL 3669889
CourtDistrict Court, N.D. Texas
DecidedJuly 11, 2016
DocketCIVIL ACTION NO. 3:15-CV-3811-B
StatusPublished
Cited by10 cases

This text of 194 F. Supp. 3d 551 (Doe v. Dallas Independent School District) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Dallas Independent School District, 194 F. Supp. 3d 551, 2016 U.S. Dist. LEXIS 89237, 2016 WL 3669889 (N.D. Tex. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

JANE J. BOYLE, UNITED STATES DISTRICT JUDGE

Before the Court is Defendant’s 12(b)(1) and 12(b)(6) Motion to Dismiss Plaintiffs First Amended Original Complaint (Doc. 14). For the reasons that follow, the Court GRANTS the Motion.

I.

BACKGROUND1

This case arises from the alleged sexual harassment and rape of Plaintiff Jane Doe’s (“Doe”) disabled minor daughter, T.W., by a classmate at Justin F. Kimball High School (“Kimball”), a school in the Dallas Independent School District (“DISD” or the “District”). T.W. suffers from cerebral palsy and static encephalopathy, which has left her severely impaired. Doc. 11, First Am. Compl. ¶¶ 8-10, 12 [hereinafter “FAC”]. In 2013, T.W. began ninth grade at Kimball, where she had a special educational program as a result of her disability, including a class called Functional Life Skills (“FLS”). Id. ¶¶ 7,11. One of T.W.’s FLS classmates was V.A., a 20-year-old male special needs student. Id. ¶14. Shortly after the semester began, V.A. began inappropriately touching T.W., including grabbing her buttocks and genital area. Id. T.W. reported this behavior to her teacher, Ms. Jones (“Teacher”), but the school took no action. Id.

Throughout the fall semester of T.W.’s freshman year, school officials received numerous complaints about V.A.’s behavior. Two girls reported that he had groped them, and a male student complained that V.A. had physically threatened him. Id. ¶¶ 15-17. The school responded by separating those students from V.A. Id. ¶¶ 15, 17. The administration was also aware that V.A. had previously engaged in sexual misconduct at another school, and that he could not attend classes at the DISD magnet school because of the need to monitor him closely at all times. Id. ¶¶ 18-19.

V.A.’s harassment of T.W. continued throughout the semester, and on several occasions he attempted to pull T.W. into the FLS classroom’s bathroom.2 Id. ¶¶ 22, 24. V.A. also voiced an interest in “humping” 3 T.W. to another student, who reported it to T.W.’s case manager, Monica Gray (“Gray”). Id.- ¶21. On December 3, 2013, T.W. informed Gray of V.A.’s persistent harassment, including an incident in the lunchroom that day where V.A. hugged and kissed T.W. despite her request to stop. Id. ¶ 23. Gray, in turn, relayed these complaints to Vice Principal Waters (“Waters”) and Principal Jones (“Principal”), and also attempted to call Doe but was unable to reach her. Id. ¶ 25. Additionally, Gray sent a letter home with T.W. regarding the allegations of harassment, which she also provided to Teacher and Waters. Id.

[557]*557Kimball officials responded by holding two meetings about T.W.’s complaints: one on December 3 and one on December 5. Id. ¶¶ 25-26. Doe missed the first meeting — attended by Waters, Teacher, Gray, and another teacher — because Gray was unable to reach her that day. Id. ¶ 25. Doe, T.W., Waters, Principal, Y.A., and V.A.’s parents attended the second meeting. Id. ¶ 26. During this meeting, T.W. recounted all the harassment she had endured from V.A., and it came to light that V.A. had previously been removed from Kimball and placed in a private school because of his behavior.4 Id. ¶¶ 26-27. When confronted with the statement about wanting to “hump” T.W., V.A. did not deny making it. Id. ¶28. None of the school officials disclosed the other complaints they had received about V.A. — Doe found out about these reports from Gray, who had not been allowed to attend the December 5 meeting. Id. ¶ 29.

As a result of these meetings, administrators relocated V.A.’s seat to the back of the FLS classroom. He now sat away from T.W., but adjacent to the bathroom that all FLS students were required to use.5 Id. ¶¶ 30-32. No one from Kimball informed Doe that V.A. would sit directly in front of the restroom into which he had previously attempted to pull T.W. Id. ¶31. Despite this relocation, V.A. continued to touch T.W, inappropriately and try to force her into the restroom for the rest of the semester. Id. ¶ 34. Teacher rejected T.W.’s requests to use another bathroom because a school rule required FLS students to use the one in the classroom. Id.

After the school’s holiday break, V.A.’s harassment resumed and T.W. continued to report these incidents to Teacher. Id. ¶37. One day in late January 2014, two teacher’s aides were supervising the classroom because Teacher was attending a meeting.6 Id. When T.W. went to use the restroom, V.A. not only groped her, but followed her into the bathroom and pushed her down on a cot,7 where he raped her. Id. ¶ 38. T.W. did not report the rape until a few weeks later, in part because V.A. had threatened her during the assault. Id. ¶¶ 39-40. Doe immediately reported the rape to Kimball’s administration, as well as the police and Texas Family and Protective Services (“CPS”). Id. ¶ 41. A medical examination revealed evidence of sexual penetration. Id. ¶ 44.

In response to Doe’s report, school officials held another meeting, which Doe, her husband, T.W., Waters, and Principal attended.8 Id. ¶42. At this meeting, T.W. described the rape, and Principal and Waters assured Doe and her husband that they would investigate. Id. ¶¶ 42-43. Over the next few weeks, school administrators and CPS questioned T.W. “extensively”— and without her parents’ knowledge or permission — about the rape. Id. ¶45. In addition, one of the teacher’s aides who had supervised the class at the time of the rape, Ms. Camacho (“Camacho”), tried several times to convince T.W. that the rape had not happened. Id. ¶46. Kimball did not suspend V.A. or take any steps to [558]*558ensure that he did not contact T.W., leading Doe to keep T.W. at home and request that she be transferred to another school.9 Id. ¶ 47.

T.W. eventually changed schools, but by that time had fallen behind in her studies, causing -her grades to suffer. Id. ¶¶ 50-51. She has endured “lifelong psychological damages” as a result of the rape and has also lost “educational benefits as a direct result of.. .Defendant’s actions.” Id. ¶ 52. Doe asserts causes of action under Title IX, 20 U.S.C. § 1681, for violating T.W.’s right to educational opportunities and benefits, and 42 U.S.C. § 1983 for (1) interfering with Doe’s, right to direct T.W.’s upbringing; (2) violating Doe’s and T.W.’s rights to familial association; (3) violating T.W.’s right to bodily integrity; (4) failing to protect T.W. from V.A.’s sexual assault; and (5) retaliating against T.W. for exercising her First Amendment right to free speech. Id. ¶¶ 54-103. Doe also asserts state law claims for intentional infliction of emotional distress, negligence, and gross negligence. Id. ¶¶ 104-107.

DISD moves to dismiss Doe’s claims. Doc. 14, Defi’s Mot. to Dismiss. Doe has responded, and DISD has replied. Doc. 15, Pi’s Resp. in Opp. [hereinafter “Pl.’s Resp.”]; Doc. 16, Def.’s Reply Br. in Supp.

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194 F. Supp. 3d 551, 2016 U.S. Dist. LEXIS 89237, 2016 WL 3669889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-dallas-independent-school-district-txnd-2016.