Title IX; Minors on Campus; Students; Sexual Misconduct & Other Campus Violence
John Doe 2 v. The Citadel (S.C. App. Aug. 2, 2017)
Opinion and Order affirming the lower court’s award of summary judgment to The Citadel. In 2007, a former camp counselor at The Citadel was accused of engaging in sexual misconduct with a camper during the time he worked at the college from 2001 to 2003. Eventually The Citadel lost touch with the accuser and ended the investigation. In 2007, after the counselor had left The Citadel’s employ, he was arrested and pleaded guilty to numerous charges involving the abuse of 23 boys over the span of a decade. Plaintiff-Appellant, a young male who claimed to have been abused by the counselor while the counselor worked at a preparatory school in Summerville between 2005 and 2006, filed suit against The Citadel, alleging that the college’s actions in 2007 created a risk that the counselor would be placed in future positions where he could further victimize young boys, including Plaintiff. The lower court dismissed Plaintiff-Appellant’s claims, finding that The Citadel did not owe Plaintiff-Appellant a duty of care to prevent the counselor from abusing him. The appeals court affirmed, finding that The Citadel did not owe Plaintiff-Appellant a duty of care, that no special relationship warranted an exception to that rule, that The Citadel did not establish a duty of care when it voluntarily undertook an investigation in 2007, and that Title IX did not impose upon The Citadel a duty to reveal the 2007 allegations.