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Court denies Cape Fear Academy’s motion to dismiss former students’ Title IX, breach of contract claims

Court denies Cape Fear Academy’s motion to dismiss former students’ Title IX, breach of contract claims
Published: Jun. 17, 2022 at 3:23 PM EDT
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WILMINGTON, N.C. (WECT) - A district court denied Cape Fear Academy’s motion to dismiss a lawsuit by three former students claiming Title IX violations and breach of contract.

According to a lawsuit filed against the school last year, Cape Fear Academy is accused of discrimination and retaliation after a student was banned from participating in commencement ceremonies due to her role in an online petition.

In the complaint, the student and other female students at the school claim they were subjected to “bullying” and “sexual harassment” from some of the male students.

“... it’s a good day,” said Gary Shipman, the attorney representing the students. “We feel we were just so elated for these young ladies, right, as brave as they were, that they’re now gonna get a chance to hold those accountable, that should be held accountable for violation of the federal law.

“Too often, these kinds of issues are swept under the rug. Young ladies are intimidated by about complaining. And these young ladies were not. and so it’s a good day, as I say, for Title IX, and therefore a good day for these young ladies who saw the hold someone accountable under Title Nine.”

The court did dismiss two of the plaintiffs’ claims of intentional infliction of emotional distress and negligent infliction of emotional distress.

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