FAIRFAX COUNTY, Va. (WDVM) — A lawsuit from a Fairfax County Public School (FCPS) student has been reinstated by a federal appeals court, according to the Associated Press. The student said an older student sexually assaulted her on a bus during a school band trip in 2017.
The Oakton High School student, who is now graduated, alleges a male student touched her without consent. She claims the school failed to take appropriate action after she told the school she was sexually assaulted on the trip.
In 2019, the jury found she had indeed been assaulted, but they tossed out her case, ruling that the school system had no “actual notice” of the assault.
WDVM reached out to FCPS for a comment, and the school district said in a statement, “FCPS respects the court’s decision. We have seen today’s opinions and are reviewing them.”