Oconto Falls School District files motion to dismiss lawsuit

OCONTO FALLS – On March 11, a civil rights lawsuit was filed against the Oconto Falls Board of Education by three plaintiffs with Disparti Law Group. In the two months since then, Disparti Law Group now represents seven plaintiffs that allege a “decades-long pattern of sexual abuse” within the school district, according to Disparti.

Now, the Oconto Falls School District has added to the case with their own motion to dismiss the lawsuit.

The district explained in their motion to dismiss that the goal is “not to argue that sexual misconduct is acceptable or ever tolerated in its schools, but because as a matter of law it cannot be financially liable for the acts of reprehensible teachers.”

It went on to say that “teachers who engage in sexual misconduct should face consequences — the loss of their employment, criminal prosecution and civil liability for the damages they cause.”

However, the district has asked for this suit to be dismissed on the grounds that damages can only be sought against a district when an administrator is made aware of the misconduct and acts with indifference, which they said the original suit does not state as having happened for each plaintiff.

“The administrator must have actual notice of the alleged misconduct. Actual notice is not satisfied ‘by knowledge that something might be happening and could be uncovered by further investigation,’” defense attorneys Stadler Sacks LLC wrote.

“A teacher’s knowledge is not sufficient to impose liability on the district. This is because only administrators with the power to act, not teachers, are school officials whose failure to act can impose liability on a school district… A report made to a teacher that was not further shared with an administrator who had the authority to institute corrective measures cannot be said to provide actual notice to the school district.”

On the plaintiffs side, they have accused the district of multiple counts of violating Title IX.

Title IX of the Education Amendments of 1972 is a federal civil rights law that prevents sexual harassment or sex-based discrimination in any school or education program that receives federal funding.

The usage of Title IX to bring this case forward is important because the district stated in the dismissal that if they were aware of the sexual misconduct when it occurred, the statute of limitations has now passed. If plaintiffs argue that claims did not collect until they realized in 2025 what had happened to them, the former students are no longer able to sue under Title IX.

Other reasons listed by the district as to why this case should be dismissed include: Failure to prove a viable Title IX retaliation claim; that claims of a violation of the right to bodily integrity were not properly met; and that no plaintiff can show that the district caused their injury.

Stadler Sacks LLC and the district have asked that the court grant the motion to dismiss with prejudice, meaning that these complaints could not be filed again.

As of this publication, no decision has been made.

Disparti Law Group responds to dismissal request

Lead counsel for the plaintiffs Cass Casper of Disparti Law Group shared in a statement, “We are deeply troubled by the District’s public position that these horrific experiences were not a violation of our clients’ fundamental rights to their own bodies… This motion is a tactic that ignores the reality of the trauma endured by these students. It is consistent with the decades-long history of the district looking the other way while children were being harmed.”

In addition to the seven plaintiffs named in the case, the experiences of around 20 anonymous students across 35 years were also documented.

Founder of Disparti Law Larry Disparti said, “Our clients deserve better, and students deserve better… The district’s argument that a child’s right to bodily autonomy is not a constitutional matter is not only legally flawed but morally bankrupt. We look forward to the court’s ruling and to finally securing justice for these survivors.”