Bloomberg Law
June 16, 2021, 7:01 PM

Female Student Gets New Trial Over Sexual Touching on Band Trip

Patrick Dorrian
Patrick Dorrian

A Virginia high school had sufficient notice of alleged sexual harassment based on a female student’s report of unwanted touching by a male student during a band class bus trip and must face a new trial in her Title IX lawsuit, the Fourth Circuit ruled Wednesday on a novel issue.

The jury likely returned a verdict against Jane Doe at her first trial, despite finding she was sexually harassed by “Jack Smith,” because it wasn’t instructed on the proper standard for determining when a school has enough awareness of sexual harassment to be liable under Title IX of the 1972 ...