School District settles $600k in sexual harassment lawsuit after SCOTUS rejects ‘One Free Rape’ case.

A Victory for Justice: Virginia School District Pays $600,000 Settlement to Assault Survivor

In a groundbreaking case, a Northern Virginia public school district has reached a settlement of nearly $600,000 with a courageous young girl who bravely spoke out against the mockery she faced after reporting a sexual assault. This revelation comes from a May settlement obtained by The Daily Wire.

Fairfax County Public Schools initially vowed to take the case all the way to the Supreme Court, aiming to establish a precedent that would shield school officials from being held accountable for failing to protect children from sexual harassment. Shockingly, the National School Boards Association, infamous for its call to label conservative parents as domestic terrorists, supported this effort by submitting a “friend of the court” brief. However, 24 women’s and human rights groups stood on the opposing side, filing their own briefs.

The incident at the heart of this case occurred in 2018 when a 16-year-old student at Oakton High School alleged that she was sexually violated by a classmate during a band trip on a school bus. Her lawsuit revealed that a security guard callously dismissed her, discouraging her from taking legal action and minimizing the severity of the assault. The lawsuit further accused the school district of prioritizing its own liability concerns over the safety of its students.

Disturbingly, emails uncovered during the lawsuit exposed administrators making light of the incident, making crude jokes and references. A judge even sanctioned the school system for destroying evidence related to the victim’s complaint.

A Critical Turning Point

While a jury acknowledged that the survivor had experienced sexual harassment, they did not hold the school administrators responsible. However, the case was appealed on the basis of whether administrators should have taken action once they had “notice or knowledge” of the incident. The district argued that Assistant Principal Jennifer Hogan did not view the allegations as nonconsensual sexual activity, therefore claiming she lacked knowledge of sexual harassment.

Monica Beck, a Title IX attorney not involved in the case, emphasized the significance of the Doe case for school administrators nationwide. She questioned, “If you don’t investigate, how are you ever going to know for sure that it happened?”

The Fourth Circuit Court of Appeals ultimately sided with Doe’s attorney, ruling that a school administrator’s failure to understand what constitutes sexual harassment cannot absolve them of liability. The case was sent back for a new trial due to faulty jury instructions.

Appellate Judge James Wynn highlighted that the school district’s argument that the assault was committed by another student without prior warning was insufficient. He emphasized that schools can be held liable for making students vulnerable to sexual harassment by failing to respond appropriately after learning of an initial incident. In his words, schools do not get “one free rape.”

Despite FCPS’s attempt to take the case to the Supreme Court, their efforts were rejected in November. Finally, on May 9, 2023, the school district quietly settled the case, agreeing to pay $587,500 to the student. The settlement agreement explicitly stated that the school board did not admit any wrongdoing or liability.

A Step Towards Justice

The news of the settlement was welcomed by Shatter the Silence, a group dedicated to exposing the mishandling of sexual abuse cases by the school district. In a statement to The Daily Wire, they expressed their satisfaction with Jane Doe finally receiving some form of justice. However, they expressed disappointment that Jennifer Hogan, who oversaw the case and has since been promoted to principal, remains employed at Oakton High School.

When asked about the financial costs of fighting the case and potential repercussions for Hogan, an FCPS spokesman declined to comment. The district released a statement expressing their commitment to creating a safe and respectful environment for all students.

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