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10th Circuit: Student entitled to sue DPS over handling of sex assault

On Monday the US Court of Appeals for the 10th Circuit ruled that Denver Public Schools may be sued under federal civil rights law for its employees’ “deliberate indifference” to the persistent bullying and harassment directed at a female student after she reported to her dean that she had been sexually assaulted.

The student filed the lawsuit alleging a violation under Title IX - a federal civil rights law that was passed as part of the Education Amendments of 1972. Title IX ensures that no student is deprived of participating in or benefiting from educational programs on the basis of sex. The criteria for a successful Title IX claim include proving that the school had knowledge of and indifference toward pervasive harassment, to the point that it deprived the student of educational access.

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