DOE v. FAIRFAX COUNTY SCHOOL BD.

No. 19-2203.

1 F.4th 257 (2021)

Jane DOE, Plaintiff-Appellant, v. FAIRFAX COUNTY SCHOOL BOARD, Defendant-Appellee. National Women's Law Center; Chicago Alliance Against Sexual Exploitation; Clearinghouse on Women's Issues; Desiree Alliance; Feminist Majority Foundation; Forge, Incorporated; Gender Justice; Girls Inc.; Human Rights Campaign; In Our Own Voice: National Black Women's Reproductive Justice Agenda; KWH Law Center for Social Justice and Change; Legal Aid at Work; National Asian Pacific American Women's Forum; National Association Of Social Workers, and Its Virginia Chapter; National Crittenton; National Network To End Domestic Violence; National Partnership for Women & Families; National Women's Political Caucus; Religious Coalition for Reproductive Choice; Stop Sexual Assault in Schools; Women's Law Center of Maryland, Incorporated; Transgender Law Center; Women Lawyers Association of Los Angeles; Women Lawyers on Guard Inc.; Women's Bar Association of the State of New York; Women's Law Project, Amici Supporting Appellant. National School Boards Association; Virginia School Boards Association; Maryland Association of Boards of Education; North Carolina School Boards Association; South Carolina School Board Association, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 16, 2021.


Attorney(s) appearing for the Case

ARGUED: Alexandra Brodsky , PUBLIC JUSTICE, PC, Washington, D.C., for Appellant. Stuart A. Raphael , HUNTON ANDREWS KURTH LLP, Washington, D.C., for Appellee. ON BRIEF: Linda M. Correia , Lauren A. Khouri , CORREIA & PUTH, LLC, Washington, D.C.; John R. Ates , ATES LAW FIRM, PC, Towson, Maryland; Adele P. Kimmel , PUBLIC JUSTICE, PC, Washington, D.C., for Appellant. Trevor S. Cox , Richmond, Virginia, Sona Rewari , HUNTON ANDREWS KURTH LLP, Washington, D.C., for Appellee. Emily Martin , Neena Chaudhry , Sunu Chandy , Elizabeth Tang , NATIONAL WOMEN'S LAW CENTER, Washington, D.C.; Emily P. Mallen , Marisa S. West , Michele L. Aronson , SIDLEY AUSTIN LLP, Washington, D.C., for Amici National Women's Law Center, et al. Robert W. Loftin , Summer L. Speight , Heidi E. Siegmund , Richmond, Virginia, R. Craig Wood , MCGUIREWOODS LLP, Charlottesville, Virginia, for Amici National School Boards Association, Virginia School Boards Association, Maryland Association of Boards of Education, North Carolina School Boards Association, and South Carolina School Boards Association.

Reversed and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge Thacker joined. Judge Niemeyer wrote a dissenting opinion.


Plaintiff "Jane Doe," a former student at Oakton High School in Vienna, Virginia, brought this Title IX action against the Fairfax County School Board ("School Board"), alleging that her school's administrators acted with deliberate indifference to reports that she had been sexually harassed by another Oakton student, "Jack...

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