The Washington Supreme Court has ruled that Washington state school districts are strictly liable for the discrimination perpetrated by those they employ and that sexual harassment should be considered a form of discrimination.

This decision comes as a result of a lawsuit filed against the Olympia School District regarding the alleged abuse of former Olympia bus driver Gary Schafer and represents a big win for victims of sexual harassment or molestation wishing to seek compensation for the abuse they suffered

This decision was triggered by the submission of two questions by the U.S. District Court for the Western District of Washington to the state Supreme Court:

“1. May a school district be subject to strict liability for discrimination by its employees in violation of the WLAD?”

“2. If a school district may be strictly liable for its employees’ discrimination under the WLAD, does discrimination for the purposes of this cause of action encompass intentional sexual misconduct including physical abuse and assault?”

Strict Liability for Washington State School Districts

The first question submitted to the court regards the strict liability of Washington state school districts under the Washington Law Against Discrimination (WLAD). Strict liability is a form of legal responsibility that holds a party responsible for their actions without the need to prove negligence or fault.

The Washington Supreme Court ruled that school districts are strictly liable for the harassment of pupils by those they employ. Specifically, this ruling allows victims of Schaffer’s abuse to file suits directly against the Olympia School District.

Discrimination and Sexual Abuse

The second question asks whether or not sexual harassment is a form of sex discrimination under the WLAD. The state Supreme Court ruled that harassment does indeed constitute discrimination.

“Having held that one form of intentional sexual misconduct constitutes sex discrimination, it logically follows that other forms of intentional sexual discrimination, including physical abuse and assault, also constitute sex discrimination,” Justice Charles Wiggins wrote in the decision.

This decision allows Schafer’s victims to sue the Olympia School District directly because, as stated above, Washington state school districts can be held strictly liable for this sort of discrimination based on the first half of the court’s ruling.

Olympia School District Sexual Abuse

The Daily Chronicle reports that Gary Schafer was first convicted of molesting three girls in 2011. He also pled guilty to one charge of possession of child pornography. As a result, Schafer was sentenced to 14 and ½ years in prison.

Since his original conviction, other alleged victims have come forward including a boy who was ten-years-old at the time of the alleged abuse which he claims to have suffered at the hands of Schafer and his roommate at the time, Jimmy Wall. According to the News Tribune, Schafer has admitted to molesting dozens of girls during his time at Olympia.

Olympia School District Lawsuits

According to The Olympian, more than six lawsuits have been filed against Olympia School District regarding the abuse perpetrated by Schafer. Many of these lawsuits were filed by the parents of the victims of alleged abuse who felt the school district should have done more to protect their children. At least one of these suits claims that the district knew of other victims of Schafer’s abuse but failed to notify parents or the police.

Several of these lawsuits resulted in massive settlements: $1.42 million for a case that went to trial in 2012, $750,000 for a settlement in 2013, and another $1.2 million in a case in 2014.

If you suffered sexual abuse at the hands of someone employed by one of the Washington state school districts, you may be able to seek compensation for that abuse from the school district itself by filing a class action lawsuit, even if you can’t prove negligence or fault.

This article is not legal advice. It is presented
for informational purposes only.