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Doe v. Flaherty

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Submitted: March 11, 2010

Before BYE, ARNOLD, and COLLOTON, Circuit Judges.

John Doe and Martha Roe filed this action pursuant to 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), on behalf of their minor daughter, Jane Doe. For several months during the 2006-2007 school year, Jane Doe was involved in a sexual relationship with Chad Smith, her basketball coach at Delight High School. The plaintiffs claim that Tanya Wilcher, the former Principal of Delight High School, had actual knowledge of the relationship, but failed to investigate and take remedial action. They allege that Wilcher thereby demonstrated deliberate indifference to the sexual abuse of a student, in violation of Doe’s constitutional rights. Based on these same allegations, the plaintiffs contend that the Delight School District violated Title IX.

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