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Stotts v. Eveleth11/10/2004
Student appeals from a district court order granting summary judgment to the teacher and from the court's order dismissing the student's claim against several remaining defendants. AFFIRMED.
The question here is whether there is any civil liability arising out of a sexual relationship between a high school student and a teacher. The student appeals from a district court order granting summary judgment to the teacher and from the court's order dismissing the student's claim against several remaining defendants. We affirm.
I. Background Facts
The BCLUW Community School District (BCLUW) employed Daniel C. Eveleth as a licensed and certified teacher from 1984 through 1997. During the 1996-97 school year, a complaint of sexual harassment was filed against Eveleth. Following their investigation, investigators believed the complaint was true.
Thereafter, Eveleth and Thomas Spear, BCLUW superintendent, reached a settlement. Eveleth would resign in return for a positive letter of recommendation. In addition, BCLUW would not file a complaint with the Iowa board of educational examiners (board), and BCLUW staff and school board members would not tell Eveleth's prospective employers about the investigation. Eveleth resigned, the school district did not file a complaint, and Spear and Kenneth Williams, BCLUW High School principal, signed a positive letter of recommendation.
Following his resignation, Eveleth applied for a teaching position with the Northwood-Kensett Community School District (Northwood-Kensett) during the summer of 1997. Eveleth neglected to tell Northwood-Kensett about what happened at BCLUW. Nor did Williams tell Jerry McIntire, Northwood-Kensett's superintendent, about what happened when McIntire contacted Williams about Eveleth's application. Williams simply told McIntire that Eveleth had resigned and did not tell him that Eveleth had been asked to leave.
Northwood-Kensett employed Eveleth as a teacher starting with the 1997-98 school year. Eveleth taught junior high while employed by Northwood-Kensett. Although the junior high and high school were in the same building, they were separated from each other.
Theresa J. Stotts was a senior at Northwood-Kensett during the 1999-2000 school year. A sexual relationship developed between Eveleth and Stotts beginning in February 2000. By that time, Stotts had reached the age of eighteen. Eveleth was not and had not been one of Stotts's teachers. Nor was he an advisor or coach for any of her activities. When the couple engaged in sex, it was always away from the school premises, and it was always consensual.
Northwood-Kensett learned of the sexual relationship when Stotts's mother sent the school district a complaint. On Northwood-Kensett's behalf, an investigation was conducted that determined the complaint was true. Following the investigation, Northwood-Kensett requested and received Eveleth's resignation. Northwood-Kensett also filed a complaint with the board. Thereafter, Eveleth voluntarily turned in his teaching license.
II. Proceedings
In January 2002 Stotts sued Eveleth and Northwood-Kensett. Stotts alleged Eveleth was negligent and breached fiduciary duties by initiating and continuing a sexual relationship with her. Stotts also alleged that Eveleth was negligent per se by maintaining the sexual relationship in violation of statute and of educational and professional standards. Stotts alleged that Northwood-Kensett was negligent and breached fiduciary duties by failing to properly investigate Eveleth's background.
Following discovery, during which Stotts learned about Eveleth's behavior while employed by BC
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