The parents of a high school student involved in a hazing incident will appeal a federal judge's decision to dismiss their lawsuit.
Attorney Robert Wallace said his clients Jane and Sherwin Seamons will appeal U.S. District Judge Dee Benson's decision to dismiss their case.Earlier this year, the couple filed suit against the Cache County School District on behalf of their son, Brian. Their complaint alleged the district's handling of a locker-room hazing incident permitted students to sexually harass their son. The suit also alleged that the district violated Brian's civil rights.
On Oct. 5, Benson dismissed the case, saying that it did not meet the legal requirements to be heard in federal court.
Central to Benson's ruling was his decision not to apply workplace sexual harassment law to the school district.
Dan Larsen, an assistant attorney general who worked on the case, said he is not surprised to hear that the Seamonses will appeal. He thinks the case has implications for school districts statewide.
A verdict in favor of the Seamons family would make school districts liable for a student-to-student hostile environment, Larsen said.
"That's something that may be uncontrollable in an adolescent society," he said.
Jane Seamons compared Benson's ruling to a bad call from a referee but believes an appeal will be successful.
"Just because there's a judge out of a hundred that would dismiss it doesn't mean that it is right," she said.