The Women’s Law Project co-authored and filed an amicus brief in a landmark bullying case in support of a former Philadelphia School District student who sued the district for enabling her gender-based harassment and abuse.
Wible v. School District of Philadelphia is significant case because the Pennsylvania Commonwealth Court may clarify the extent to which educational institutions are liable for student-on-student sexual harassment under the Pennsylvania Human Relations Act (PHRA).
This clarification is especially important as it has become clear that the Trump Administration cannot be relied upon to provide adequate or timely response to allegations of sexual harassment and assault filed as Title IX complaints.
If Wible is successful, it confirms that Pennsylvania students have another avenue under state law to hold their educational institution accountable for failing to adequately address the problem.
“An important part of the Pennsylvania Human Relations Act are its public accommodation requirements,” says WLP Staff Attorney Margaret Zhang, who co-authored and filed the brief. “The PHRA explicitly states that any practice or policy of discrimination based on sex is a matter of concern to the Commonwealth of Pennsylvania, and it bans sex discrimination in public accommodations, which includes all educational institutions under the supervision of the Commonwealth. This is a clear-cut case that will clarify protections for Pennsylvania students broadly while specifically holding the School District of Philadelphia responsible for the heartbreaking bullying endured by Ms. Wible across four schools.”
The Women’s Law Project co-authored the brief with the Education Law Center and filed it in the Commonwealth Court of Pennsylvania on behalf of 21 additional organizations dedicated to ensuring that all students are educated in safe and supportive learning environments that are free from discrimination and harassment.
Case history: Wible v. School District of Philadelphia
The facts of Wible v. School District of Philadelphia are deeply disturbing.
Ms. Wible was targeted for severe and persistent sexual harassment while enrolled in four different schools as a student in the School District of Philadelphia. The harassers targeted her because of her non-conforming gender presentation. Ms. Wible endured persistent verbal abuse from first grade through high school. From sixth grade on, Ms. Wible was also forced to endure violent assaults.
Most tragic of all, even though school officials were aware of this harassment from the start, the School District failed to stop the ongoing harassment. In one specific example, a boy who had physically assaulted Wible was later transferred into her class, despite school officials having been informed of the violent attack.
Wible was relentlessly sexually harassed for a decade, resulting in significant physical and ongoing psychological harm, including a diagnosis of complex PTSD.
Represented by David Berney, Jennifer Y. Sang and Kevin Golembiewski of law firm Berney and Sang, Ms. Wible brought sexual harassment claims against the School District under the Pennsylvania Human Relations Act.
In December 2018, Wible prevailed at trial and the school district was held liable for enabling the abuse.
You can read the trial opinion here.
The Court awarded Wible significant damages plus attorney’s fees and costs. It is a landmark ruling that marks the first time a court has held a Pennsylvania school district liable for student-on-student harassment under the state’s Human Relations Act. That means victims can leverage the resources of the Pennsylvania Human Relations Commission and the Pennsylvania courts to redress claims of student-on-student unlawful harassment and bullying, in addition to federal protections.
The School District of Philadelphia appealed the ruling, claiming the district is immune from such lawsuits.
The amicus brief filed on May 22, 2019 supports Wible in the appeal.
Thank you to fellow amici: AAUW, the ACLU, ACLU of Pennsylvania, Atlanta Women for Equality, California Women’s Center, Education Law Center-PA, End Rape on Campus, Gender Justice, Gwen’s Girls, Juvenile Law Center, Legal Voice, National Council of Jewish Women Pittsburgh, National Crittenton, National Women’s Law Center, PA Chapter of NOW, Pennsylvania Coalition Against Rape, Philadelphia NOW Education Fund, Southwest Women’s Law Center, WOAR, Women Against Abuse, Women and Girls Foundation of Southwestern Pennsylvania, and the Women’s Law Center of Maryland.
The Women’s Law Project is a public interest law center devoted to defending and expanding the rights of women, girls, and LGBTQ people in Pennsylvania and beyond.
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