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Roe v. Lincoln-Sudbury Regional School District

United States District Court, D. Massachusetts

October 31, 2019

JANE ROE, Plaintiff,
v.
LINCOLN-SUDBURY REGIONAL SCHOOL DISTRICT, BELLA WONG, AIDA RAMOS, and LESLIE PATTERSON, Defendant.

          MEMORANDUM AND ORDER ON JOHN DOE'S MOTION TO INTERVENE

          F. DENNIS SAYLOR IV UNITED STATES DISTRICT JUDGE.

         This is 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.

         John 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 Rule 24(b).

         For the reasons set forth below, the motion to intervene will be denied.

         I. Background

         The facts below are set forth as alleged in the complaint.

         A. The Parties

         Jane 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.

         Lincoln-Sudbury 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 assigned.

         B. The Alleged Incident

         The 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 assault.

         According 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.

         On 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 Police.

         On November 12, 2013, the Middlesex County Juvenile Court issued a Harassment Prevention Order as requested by Roe's parents. A ...


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