Friday, Oct. 3, 2008

School Board Indifferent About Student's Rape, Mom Says

By LINDA COADY, ESQ., Andrews Publications Staff Writer

A senior member of a Louisiana high school's ROTC program raped a sophomore classmate and harassed her even after he was arrested, while school officials turned a blind eye to the misconduct, the girl's mother alleges in a federal court lawsuit.

Kim Schehr's complaint, filed in the U.S. District Court for the Eastern District of Louisiana, alleges the defendants interfered with her daughter's right to full access to an education under Title IX of the Education Amendments of 1972.

Title IX prohibits gender discrimination by any entity that receives federal funds.

Schehr says her daughter, referred to as "R.L.M.," signed up for the Junior Reserve Officers Training Corps program at Mandeville High School. As group "commandant," fellow student Mark Ernst was R.L.M.'s superior officer in the program, the suit says.

Ernst allegedly raped R.L.M. after a drill practice in September 2007. The whereabouts of the adult in charge of ROTC activities when the alleged incident occurred was "unknown," the complaint says.

R.L.M. reported the incident to a school guidance counselor the next day, and the police were notified, according to the suit. A subsequent DNA test confirmed R.L.M.'s accusations, the suit says.

Schehr alleges the defendants were deliberately indifferent to the alleged rape because they:

Allowed Ernst to remain in his "commandant" position;

Allowed Ernst to remain in his regular classes and told R.L.M. that she must request a change in classes if she felt "uncomfortable";

Took no disciplinary action against Ernst pending the conclusion of the criminal investigation;

Failed to undertake an independent investigation of the incident or institute any remedial action; and

Put Ernst in a homebound school program after his arrest but allowed him access to the high school.

Ernst's misconduct was "so severe, pervasive and objectively offensive that it undermined and detracted from R.L.M.'s educational experience" as to deny her equal access to the school's resources and opportunities, the complaint says.

The high school and school board are liable for failing to follow their policy in handling accusations of student rape and take prompt action to stop the "student-on-student" harassment, Schehr says.

She is seeking "reasonable" damages, including punitive damages.

To comment, ask questions or contribute articles, contact West.Andrews.Editor@ThomsonReuters.com.

Schehr is represented by Jill Craft in Baton Rouge, La., and Angela Wilt Cox in Slidell, La.

Schehr v. Ernst et al., No. 08-4434, (E.D. La. Sept. 19, 2008).
Sexual Harassment Litigation Reporter
Volume 14, Issue 10
10/03/2008