NEW ORLEANS — A federal court has dismissed Title IX claims against the Jefferson Parish School Board (JPSB) and its superintendent in a case involving allegations of sexual assault by a teacher at Riverdale High School.
The decision, issued on a motion to dismiss, focused on whether the plaintiffs sufficiently alleged that school officials had prior knowledge of misconduct and failed to respond appropriately.
The lawsuit was brought by Hassan Marrouche and Chadi Marrouche on behalf of their daughter, S.M., who claims she was sexually harassed and assaulted by sociology teacher and football coach Phabion Woodard during the 2023-2024 school year.
The complaint alleges that Woodard sent explicit messages to S.M. via Instagram and assaulted her in his classroom in December 2023. The incidents were reportedly disclosed in January 2024, leading to Woodard's arrest on charges of molestation and indecent behavior with a juvenile.
The plaintiffs argued that the JPSB and Dr. James Gray were negligent in hiring Woodard, who lacked a degree in education or prior teaching experience. They further alleged that the school board and administration were aware of Woodard’s unsuitability for employment in a school setting and failed to act on warnings about his conduct.
In its decision, the court determined that the Title IX claims, which require evidence that school officials had "actual knowledge" of misconduct and responded with "deliberate indifference," were inadequately supported by the plaintiffs' complaint.
While the plaintiffs asserted that the JPSB should have known about Woodard’s alleged “propensity for harassment,” the court noted that the complaint lacked specific facts showing how school officials were aware of these risks before the alleged assault occurred.
Additionally, the court dismissed claims against Gray in his individual capacity, citing legal precedent that Title IX does not allow for personal liability. Claims against Gray in his official capacity were deemed duplicative of those against the school board.
The plaintiffs also pursued state-law claims for negligent hiring, retention, and supervision, but the court indicated it might decline jurisdiction over these claims if no federal claims proceed.
The JPSB, its insurer ACE American Insurance Company, and Gray filed the motion to dismiss, arguing that the complaint failed to demonstrate their liability under federal law. The court agreed, emphasizing that allegations must go beyond "naked assertions" and provide a plausible basis for relief.
S.M., who remains a student at Riverdale High, reportedly faces ongoing struggles, including bullying and academic difficulties, following the incidents. While the court dismissed the Title IX claims, the plaintiffs may amend their complaint to include more specific allegations or continue to pursue their case under state law.
"Here, Plaintiffs’ complaint fails to adequately state a Title IX claim," U.S. District Judge Barry W. Ashe wrote in the opinion. "Plaintiffs allege that the JPSB Defendants had actual knowledge of Woodard’s actions in January 2024, when the mother of S.M.’s friend reported Woodard to school officials. But there is no allegation that the JPSB Defendants responded with deliberate indifference."
Ashe wrote that the complaint implies otherwise by alleging that on Jan. 29, Woodard was arrested and booked for molestation and indecent behavior with a juvenile.
"To attempt to salvage their Title IX claim, Plaintiffs rely on the notion that the JPSB Defendants had actual knowledge of a substantial risk that Woodard would abuse students," Ashe wrote in the opinion. "However, Plaintiffs’ complaint is devoid of factual allegations supporting this theory, notwithstanding the formulaic and unsubstantiated assertions in Plaintiffs’ opposition."
Ace is represented by John E. Baay II of Gieger, Laborde, & Laperouse in New Orleans.
The Marrouches are represented by Amanda Jeanne Butler and Megan Wiggins Kelley of Business Law Group.
Jefferson is represented by Brad James Gegenheimer, Olden C. Toups Jr. and Conner Ross Toups of Grant & Barrow.
Woodard is represented by Randall L. Kleinman of the Law Offices of Randall L. Kleinman.
Attorneys for the parties declined to comment on the matter.
U.S. District Court for the Eastern District of Lousiana case number: 2:24-cv-01206