FCPS Appeals Title IX

By Chris Stone

Photo Credit: Supremecourt.gov

On December 30th, Fairfax County Public Schools (FCPS) filed a petition with the Supreme Court requesting a change to Title IX, a federal civil rights law included in the 1972 Education Amendments Act. Title IX includes a clause pertaining to a schools’ liability in instances of sexual misconduct. The petition comes after a student who, according to Fox News has been identified only under the alias “Jane Doe”, filed a lawsuit against the school district after allegedly being sexually assaulted by a faculty member. The petition filed by FCPS claims that schools cannot be held liable for sexual misconduct by members of the staff if they are not formally notified by the victim. It argues that because Jane Doe did not submit a formal, written complaint, the school had no “actual knowledge” of the incident’s occurrence, but rather that they had “constructive knowledge.” The petition is FCPS’s attempt to avoid being held liable for the incident. Since Jane Doe did not submit a formal complaint to the school administration, they had no way of knowing about the incident, despite her verbally reporting the incident to a counselor, who is by law required to report the incident to Child Protective Services (CPS). Public reaction to the petition has shown that FCPS’s petition was controversial. Sophia Southall, a senior at Bishop Ireton, is upset with the actions of FCPS. “The school knew of it (sexual misconduct) when she told them and they did not act on it. Because of that, I believe the school is responsible and should punish the person who assaulted her.” When asked if the school’s actions represent the views of the Fairfax County residents, Southall said “I do not think it is representative of the county residents’ views to have sexually assaulted students not have their cases be investigated and acted on”. Her opinion on the matter is not unlike students of the school district, parents, and residents of Fairfax County, as there have been numerous petitions, articles, and complaints leveled against the school district over the issue.