DRISCOLL v. BOARD OF TRUSTEES OF MILTON ACADEMY

No. 06-P-1796.

70 Mass. App. Ct. 285 (2007)

BRIAN R. DRISCOLL & others v. BOARD OF TRUSTEES OF MILTON ACADEMY & another.

Appeals of Court of Massachusetts, Norfolk.

September 27, 2007.


Attorney(s) appearing for the Case

Lisa G. Arrowood (Heidi A. Nadel & J. Owen Todd with her) for the plaintiffs.

Harold W. Potter, Jr. (Maura J. Gerhart with him) for the defendants.

Present: Perretta, Kafker, & Mills, JJ.


KAFKER, J.

A seventeen year old student at Milton Academy, a private school (school), was expelled by the school and charged criminally with statutory rape for receiving oral sex from a fifteen year old female student. Four other boys involved in the same incident, which occurred in the boys' locker room on the school campus, were also expelled and prosecuted, either as juveniles or adults, depending on their ages. The incident was reported in the newspapers and commented...

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