United States District Court, D. Massachusetts
MEMORANDUM AND ORDER ON JOHN DOE'S MOTION TO
DENNIS SAYLOR IV UNITED STATES DISTRICT JUDGE.
an action against a school district arising out of its
response to a reported case of sexual assault. Plaintiff Jane
Doe filed suit against the Lincoln-Sudbury Regional School
district and several officials alleging that they engaged in
discriminatory practices and inflicted emotional distress
though an inappropriate response to her report of a sexual
assault. The underlying assault claim arose out of an
interaction between the plaintiff and two other students
during a high school football game.
Doe, one of the alleged perpetrators of the sexual assault,
has filed a motion to intervene pursuant to Fed.R.Civ.P. 24.
He contends that he satisfies the requirements to intervene
as a matter of right pursuant to Rule 24(a) or, in the
alternative, should be permitted to intervene pursuant to
reasons set forth below, the motion to intervene will be
facts below are set forth as alleged in the complaint.
Roe (a pseudonym) is a resident of Massachusetts. At the time
of the alleged incident she was a 15-year-old sophomore at
Lincoln-Sudbury High School.
Regional School District is the governing body of the
Lincoln-Sudbury High School. Bella Wong is the superintendent
of the school district and the Principal of the high school.
Aida Ramos is the Director of Student Services at the high
school. Leslie Patterson was the “Housemaster” of
the East House at the high school, the house to which Roe was
The Alleged Incident
claims arise out of an alleged incident of sexual assault
that occurred on November 1, 2013. Roe alleges that while she
was attending a football game at the high school, she was
lured to an adjacent field by two fellow students. The two
students, both males, are alleged to have forced her to
perform oral sex and to have penetrated her with their
fingers. John Doe is one of the alleged perpetrators of this
to the complaint, for several days after the incident, Roe
struggled to focus at school and was deeply traumatized. She
exchanged numerous text messages with both assailants, who
apologetically acknowledged the sexual contact and begged her
not to report it.
November 7, 2013, Roe reported the assault to Sue Leichtman,
a clinical counselor at the high school. Leichtman notified
defendant Patterson and Roe's mother of the report.
Roe's mother immediately took her to receive medical
care, which included the completion of a medical rape kit and
the taking of photographs of her bruises by the Sudbury
November 12, 2013, the Middlesex County Juvenile Court issued
a Harassment Prevention Order as requested by Roe's
parents. A ...