Judge Dismisses Lawsuit Against TCAPS

A judge dismissed a federal lawsuit this week against Traverse City Area Public Schools (TCAPS) brought by a former student who alleged the district retaliated against him after he was sexually assaulted by a teacher.

The student was 15 years old when he was sexually assaulted by Traverse City West Senior High School teacher Lisa Placek in the 2011-2012 school year. Placek resigned in January 2012, and pleaded guilty in March 2012 to assault with intent to commit sexual penetration. She was released on parole in January 2014.

In a lawsuit filed by Traverse City attorney Grant Parsons last year, the student accused TCAPS of retaliating "socially and academically" against him in the wake of the sexual assault case. He claimed violations of Title IX, which prohibits discrimination based on sex in federally funded educational programs, as well as the Equal Protection Clause and the Elliot-Larsen Civil Rights Act, a Michigan act banning discrimination based on age, gender, race, religion and other factors. The student sought in excess of $75,000 in damages.

In a ruling in U.S. District Court this week, Judge Gordon Quist dismissed the lawsuit against TCAPS. Quist found that there was no evidence to support the student’s claims TCAPS had retaliated against him, and furthermore that the student’s accusations contained contradictory and misleading statements. While the student alleged that his baseball and football coaches had shunned him following the incident, and that school administrators refused to help him academically or make accommodations for him following the assault, Quist ruled that “the undisputed evidence shows otherwise.”

Teachers made arrangements to send the student’s homework home with his sister, allowed him to drop or change classes, and arranged for him to work independently when he became anxious in the classroom. According to witnesses, the student’s coaches also met with and were friendly to him, Quist wrote in his opinion.

“Even a cursory review of the evidence shows that this allegation is entirely without merit,” Quist ruled. “A detailed review of the evidentiary record shows that the allegation, and plaintiff’s description of events plaintiff cites to support it, is based on a total misrepresentation of the factual record.”

Based on his findings, Quist granted TCAPS’ request for a summary judgment in the case, dismissing the lawsuit before it proceeded to trial.