Jauquet v. Green Bay Area Catholic Education, Inc., No. 20-2803 (7th Cir. 2021)Annotate this Case
Before the arrival of the pandemic in 2020 “Student A” was experiencing an exceedingly difficult eighth-grade year at Notre Dame of De Pere Catholic Middle School. Her classmate, “Student B,” repeatedly and inappropriately targeted Student A with sexually suggestive harassment beginning in 2019. Student A’s mother filed suit on behalf of herself and her daughter, alleging Title IX violations by the school's operator (GRACE), with breach of contract and negligence claims under Wisconsin state law.
The Seventh Circuit affirmed the dismissal of the Title IX claim. GRACE is subject to Title IX and had actual knowledge of the harassment but GRACE was not deliberately indifferent to the harassment. GRACE responded promptly and the complaint did not allege that the bullying persisted beyond January 2020, Student B was suspended for several days in December 2019. School officials offered to change Student A’s seat in class and facilitated an apology from Student B; the response was not “clearly unreasonable in light of the known circumstances.” While it is possible that a school’s dress code, culture, and response to bullying could exclude a student from educational benefits on the basis of her sex, the Plaintiffs did not plead facts to support an inference that GRACE excluded Student A because of her sex.