DOE v. SCHOOL DIST. NO. 1, DENVER, COLORADO

No. 19-1293.

970 F.3d 1300 (2020)

Jane DOE, Plaintiff-Appellant, v. SCHOOL DISTRICT NUMBER 1, DENVER, COLORADO, a/k/a Denver Public Schools ("DPS"); Tom Boasberg, individually and in his official capacity as superintendent of DPS; Jann Peterson, individually and in her official capacity as an assistant principal with DPS; Jeanette Sculley, individually and in her official capacity as a dean with DPS; Eric Sinclair, individually and in his official capacity as a dean with DPS; Anita Curtiss, individually and in her official capacity as a school psychologist with DPS, Defendants-Appellees, Andy Mendelsberg, individually and in his official capacity as a principal with DPS, Defendant.

United States Court of Appeals, Tenth Circuit.

FILED August 17, 2020.


Attorney(s) appearing for the Case

Igor Raykin , Kishinevsky & Raykin, Aurora, Colorado ( Michael Nolt , Kishinevsky & Raykin, Aurora, Colorado on the briefs) for Plaintiff-Appellant.

Holly Ortiz , Semple, Farrington, Everall & Case, P.C., Denver, Colorado ( M. Brent Case and Brian S. Condon , Farrington, Everall & Case, P.C., Denver, Colorado on the briefs) for Defendants-Appellees.

Before TYMKOVICH, Chief Judge, EBEL, and HARTZ, Circuit Judges.


Jane Doe appeals the dismissal of her Title IX claim against School District No. 1, Denver, Colorado (the District or DPS) for failure to state a claim. According to the complaint, a group of students began sexually harassing Ms. Doe after she was sexually assaulted by another student in March of her freshman year at East High...

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