The exterior of the Oconto Falls Schools District Office is seen Jan. 22, 2021. PC: Fox 11 Online
OCONTO FALLS, WI (WTAQ-WLUK) — A group of former students who filed a federal lawsuit against the Oconto Falls School District, alleging it failed to prevent sexually-predatory behavior by staff members, are pushing back against the school board’s request to have the suit dismissed.
In March, a trio of former students sued the district, claiming they were the victims of teacher-student grooming, sexual misconduct and/or sexual abuse at Oconto Falls High School. More former students and staff members have joined the lawsuit since it was first filed, totaling at least 21. Allegations against 12 staff members span decades and include inappropriate relationships, locker room intrusions, improper physical contact and dress requirements and sexual assault by a fellow student. In all cases, the plaintiffs said they made district administrators aware of the alleged misconduct, but no action was ever taken.
Earlier this month, the Oconto Falls school board asked the court to dismiss the suit, “not to argue that sexual misconduct is acceptable or ever tolerated in its schools, but because as a matter of law, it cannot be financially liable for the acts of reprehensible teachers.”
The board said in its filing, “Teachers who engage in sexual misconduct should face consequences — the loss of their employment, criminal prosecution and civil liability for the damages they cause.” However, the district argued it doesn’t have “financial liability for the nefarious misconduct of a few bad employees” and said there’s no evidence any district policy or practice contributed to the individual acts of the staff members.
The plaintiffs countered in a court filing of their own, writing in part:
The Board asks this court to immunize at least 35 years of institutional failure, corroborated not by one complaint but by sworn declarations from educators who lived it, students who reported it, parents who watched it and community members who tried to stop it, all of whom received the same response: dismissal, silence or retaliation. The governing law forecloses the result the board seeks. Plaintiffs’ claims are cognizable, timely and adequately pled. The motion should be denied in its entirety.
No hearings have been scheduled.
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