Supreme Court Hears Kindergarten Sexual Harassment Case

Staff Writer, Dec 22, 2008

You would think that something like sexual harassment would be somewhat unheard of in schools amongst kindergarten children, right? Well, guess again. Local police are investigating a claim from a school in the town of Hyannis, Massachusetts. Evidence is being weighed from a  2000 case involving a 5-year old girl and a third grade boy who, more than once made the girl lift her skirt, expose herself  and spread her legs.

This Massachusetts incident has now found its way to Washington’s Supreme Court to decide whether this matter constitutes a lawsuit about sex discrimination in education. Though the evidence in the case has been deemed insufficient and no criminal charges were brought against the young boy, the Hyannis district took no action in placing a monitor aboard the bus nor reassigning the boy in question to another bus. Title IX of the Constitution bars sex discrimination at schools that receive funding by the federal government. An older provision dating back in the Civil War era, anti-discrimination law that was designed to enforce the 14th Amendment’s equal protection clause is now an issue for the court to decide since the Fitzgeralds, (parents Laura & Robert) sued the school district in federal court using those two and not realizing Title IX, enacted in 1972 rules out suits under the older provision. A federal judge subsequently ruled the couple could not sue because Congress passed Title IX so their claims were lost. A First U.S. Circuit Court of Appeals, based in Boston upheld the federal ruling.

Many wondered if the Fitzgeralds will continue and ultimately win their case. Skepticism has become an idea from justices, over whether expanding protection from discrimination by Congress will hinder future cases involving suite over constitutional rights violations.  Justices Ruth Bader Ginsburg and John Paul Stevens have their own theories on the outcome of this tumultuous case. Ginsburg said "but in this case, as we get down to what this case is about, we have a determination by a court that the school district acted reasonably in relation to these complaints.”

"You may still lose the lawsuit even if you win here,” Stevens said.

Defense lawyer Charles Rothfeld concurred that the Fitzgerald family may lose but the courts should listen to the constitutional claims.