An action was brought under Title IX of the Civil Rights Act against an Idaho Charter School, alleging that the school took inadequate action to prevent peer-to-peer sexual harassment. The Charter School defended that any inappropriate action occurred during the summer and away from school. Further, the school took extraordinary measures to separate the students and to educate them on the propriety of treating peers in a gender-neutral manner.
Partner Bret Walther received a complete dismissal by U.S. District Court Judge, Lynn Winmill. Mr. Walther also prevailed before the 9th Circuit Court of Appeals, who affirmed the dismissal unanimously stating that the school took all appropriate action. See Lossman v. Sage Int’l Charter Sch., D.C. No. 1:18-cv-00412.