Florence-Carlton Title IX, negligence case moves to jury trial

A jury trial is tentatively expected in a former Florence-Carlton student’s case against the school district for negligence and Title IX violations after a pretrial hearing on Thursday.

The case, presided by Judge Dana Christensen in Missoula Federal District Court, revolves around a November 2019 incident when the victim allegedly was sexually assaulted by her classmate during a high school class — one of several unwanted advances listed in the complaint.

The survivor claims that the perpetrator stayed in class with the survivor for more than a week after the assault, despite the victim notifying a school administrator of the assault the same day.

The perpetrator was separated from the victim after the plaintiff’s family filed a temporary protection order.

The district’s handling of the situation caused the victim mental distress, according to the suit. Initial facts in the case revealed the victim left Florence-Carlton in summer 2020 for in-patient care in another state. The plaintiff is asking for more than $1.5 million in damages.

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“As a result of Defendant’s wrongful conduct, (the victim) suffered damages including severe and serious mental distress, mental and physical injury, past and future medical expenses”

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