School Districts: MHRA – Sexual Harassment – Public Accommodation

(1)Where a student, who claimed he was sexually assaulted by a fellow student, brought an action against the school district under the Missouri Human Rights Act, the trial court erred in dismissing the student’s petition because the student established that the elementary school fit the statutory description of a place of public accommodation and that the school district’s failure to take prompt and effective remedial action to address the sexual harassment could deny another student the full and equal use and enjoyment of the services and facilities of the school, so in a case of first impression the appellate court holds that the student stated a cause of action under the MHRA for discrimination in a place of public accommodation based on student-on-student sexual harassment.

(2)Where a student stated a cause of action under the MHRA against a school district for student-on-student sexual harassment, the standard for the district’s liability is the same as that for an employer’s liability for co-worker sexual harassment, so the district can be held liable if it knew or should have known of the harassment and failed to take prompt and effective remedial action.

Judgment is reversed and remanded.

Doe v. Kansas City Missouri School District (MLW No. 63555/Case No. WD73800 – 23 pages) (Missouri Court of Appeals, Western District, Hardwick, C.J.) Appealed from circuit court, Jackson County, Wimes, J. (Amy K. Maloney, Anne W. Schiavone, Kirk D. Holman and Matthew J. O’Laughlin, Kansas City, Missouri, for appellant) (Trina R. Leriche and Sara B. Anthony, Kansas City, Missouri, for respondent).

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