R.G.

FACTS

Plaintiff is a special education student who attended a regular high school. She met James in Algebra class and they talked occasionally. James received a one-day suspension, effective the day of the incident. When a student is suspended, the school is required to notify his or her parent or guardian. Each day, a list of suspended students is e-mailed to security guards and staff

2 and the suspension is noted on the teachers’ computerized attendance record programs. Teachers must report a suspended student’s presence in class to the administrative office. Upon suspending James, the school tried to call James’ legal guardian, but was unable to reach her. James also did not tell her about his suspension and went to school on the day of the incident. He went to his first class, physical education, but avoided his teacher and hid under a tree or blended in with other students by walking with them around the track. Before lunch, he twice encountered plaintiff, who had been given a hall pass and asked to find a student in another classroom. The second time, plaintiff went with James to the student parking lot where he raped her between two cars. A camera mounted in the student…