The federal litigation stemmed from locker-room sex assaults by junior varsity football players in Maryland.
, where at least two of the teens pleaded to reduced counts of second-degree rape and attempted second-degree rape, according to three people familiar with the outcome of the juvenile court hearings,In subsequent lawsuits filed in 2020, the victims’ attorneys zeroed in on the now contentious
, which is a federal education law that in part is designed to protect students against sexual harassment.The families’ attorneys have pushed back on the argument, asserting Crouse overlooked that a scared teenager would be reluctant to report the matter and the principal never really wanted to really find out what happened.
In addition to suing Crouse and the school system, the families also named as defendants Sullivan, the county wide-athletics director; Joseph Doody, the former Damascus High athletic director; Eric Wallich, the former varsity football coach The families also asserted that all five school officials were liable under Maryland’s gross negligence laws by acting in “wanton or reckless disregard” for the victims’ rights and lives. And on these claims — and whether they should be tried — the families had precedence going for them. “Generally, in Maryland,” Messitte said, “gross negligence goes to the jury so long as reasonable minds could disagree.
School officials have argued that, even by the plaintiffs’ own allegations, it was clear the school system tried to intervene in the student’s behavior over the years — calling his mother more than 100 times, for example. He was so new to Damascus High School, they added, that the school didn’t necessarily have time to ramp up responses to the student’s behavior.
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