INDIANAPOLIS (WISH) — A federal judge says the family of a former Roncalli High School student with special needs can sue the school and the Archdiocese over allegations of sexual harassment and bullying.
Judge Jane Magnus-Stinson on Tuesday denied Roncalli’s request to dismiss the lawsuit filed in September of 2021.
The family claims the student, who was 18 at the time and had Down syndrome, was the victim of two incidents in 2019.
The lawsuit alleges that members of the football team recorded the student while he was using the restroom, then shared the video.
After the family reported the video to the school, they accuse members of the football team of retaliating against the student, forcing him to lick a football team member’s nipples in the Roncalli locker room.
The student withdrew from Roncalli after the second incident.
“The Court finds that Plaintiffs have adequately alleged that John Doe faced discrimination on the basis of his sex, and that Defendants were deliberately indifferent to that discrimination,” Judge Magnus-Stinson wrote in her opinion.
She also urged the two sides to try to reach a settlement in the case instead of going to trial.