ALPENA — The Michigan Supreme Court said this week that Alpena Public Schools can’t be held “vicariously liable” for student-on-student harassment, reversing a Michigan Court of Appeals decision in a lawsuit that alleged the district created a sexually hostile educational environment.

The case involves a former student, identified only as Jane Doe, who claimed APS failed to prevent sexual harassment by another student, identified only as John Roe, during Doe’s time at Besser Elementary School and Thunder Bay Junior High School.

In its opinion, the Supreme Court determined Michigan’s Elliott-Larsen Civil Rights Act does not provide a cause of action against educational institutions for student-on-student harassment. The Court of Appeals had previously ruled APS could be held vicariously liable — meaning responsible for the actions of someone else — for hostile-environment discrimination because of the district’s control over students.

However, the Supreme Court found no support for that interpretation in Elliott-Larsen’s language or existing case law.

The Supreme Court instructed the Court of Appeals to consider whether a direct liability claim exists under Elliott-Larsen, separate from vicarious liability.

The Supreme Court emphasized that the statute should be interpreted to prevent discrimination, including sexual harassment, that substantially interferes with an individual’s education or creates a hostile educational environment.

Justice Megan Cavanagh, in a concurrence with the majority opinion, pointed out that Doe alleged APS created a sexually hostile environment that directly impacted her right to education. Cavanagh said the focus of the case should be on APS’s actions, rather than on vicarious liability.

Justice Richard Bernstein dissented, arguing that Elliott-Larsen does provide a cause of action for a hostile-educational-environment claim in cases of student-on-student sexual harassment.

Bernstein criticized the majority for not recognizing legal doctrine that implies schools temporarily assume parental duties and should be responsible for their students’ actions and welfare.

He argued that the school’s control over students should make them liable for ensuring a harassment-free educational environment.

The lawsuit was initially filed after Doe’s mother alleged that, in 2017, Roe inappropriately touched and made sexual motions toward Doe in two separate incidents at Besser Elementary. Roe was suspended, placed in a different class, and faced a delinquency petition, which was later dropped because of his speech and language disorder. Despite efforts to separate the students, Doe reported further harassment by Roe at Thunder Bay Junior High School.

In oral arguments on March 13, Doe’s attorney, Stephanie Arndt, argued that APS violated Elliott-Larsen by failing to take adequate measures to prevent harassment, despite the district’s knowledge of the ongoing issue.

APS’s attorney, Daniel Lobello, contended that the law applies to the actions of school employees, not to student behavior.

The trial court dismissed the lawsuit in 2021, ruling that Eliott-Larsen does not cover student-on-student harassment. The Court of Appeals, while disagreeing with the dismissal, did not overturn the dismissal because of insufficient evidence against APS.

The case now returns to the Court of Appeals.

Temi Fadayomi can be reached at 989-358-5693 or tfadayomi@thealpenanews.com.