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Oconto Falls School District files motion to dismiss lawsuit

Oconto Falls School District
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OCONTO FALLS (NBC 26) — The Oconto Falls School District filed a motion Monday seeking to dismiss a federal lawsuit alleging decades of sexual misconduct within the district. The civil rights lawsuit, filed by Disparti Law Group, alleges more than 20 years of repeated sexual misconduct involving at least nine former employees. The lawsuit also accuses the district of fostering “a climate that allowed repeated abuse to occur.”

The case originally included three plaintiffs. Since the lawsuit was first filed, additional alleged victims and witnesses have come forward, with some later added as plaintiffs. The lawsuit currently includes seven plaintiffs in total. As NBC 26 previously reported, two former staff members have also come forward and said they reported allegations of sexual misconduct to administrators, but no action was taken.

In Monday's motion, the Oconto Falls School District argues it cannot be held liable under Title IX because administrators lacked “actual knowledge” of the alleged misconduct at the time it occurred. The district's motion also states that the claims in the lawsuit are barred by Wisconsin’s statute of limitations.

Attorneys representing the plaintiffs issued a statement Tuesday criticizing the district’s motion.

“We are deeply troubled by the District's public position that these horrific experiences were not a violation of our clients' fundamental rights to their own bodies," said Cass Casper, lead counsel for the plaintiffs. "This motion is a tactic that ignores the reality of the trauma endured by these students. It is consistent with the decades-long history of the District looking the other way while children were being harmed."

Disparti Law Group said it anticipated the district’s response but is "appalled" by its stance.

“Our clients deserve better, and students deserve better,” Larry Disparti, founder of Disparti Law Group, said. “The District’s argument that a child’s right to bodily autonomy is not a constitutional matter is not only legally flawed but morally bankrupt. We look forward to the Court’s ruling and to finally securing justice for these survivors.”