Doe v. Alpena Public School District
What’s at stake: Michigan students’ right to learn free from harassment
Summary: Jane Doe attended Alpena Public Schools in Michigan. In fourth grade, a classmate sexually harassed her repeatedly. Her school did not stop the harassment.
Jane sued her school in state court under Michigan’s anti-discrimination law. The case poses two legal questions: when a school fails to protect students from harassment by other students, can the victim sue to hold the school accountable under the Michigan law? – and, if so, what legal standard should courts use to decide whether the school is responsible?
Public Justice, along with the ACLU of Michigan and A Better Balance, filed two amicus briefs in the case, first at the Michigan Supreme Court and then at the Michigan Court of Appeals. The amicus briefs argued that under Michigan civil rights law, a student victim should be able to sue their school when it responds unreasonably to student-on-student sexual harassment. The amicus briefs explained why Michigan courts should use a better standard for their state civil rights law than courts use for Title IX, the federal law that applies to sex discrimination in school.
In June 2023, the Michigan Supreme Court held that a school is not automatically liable when one student harassed another, but it sent the case back to the Michigan Court Appeal to decide whether the school can be liable based on how it responds to the harassment. In April 2025, the Michigan Court of Appeals agreed with our position, ruling that a school can be liable if it fails to respond promptly and appropriately when it learns about sexual harassment of a student. This means that Michigan law gives students more protection than federal law. While the court held that Jane Doe’s case did not meet that standard, its decision will help protect students across the state.
Key legal questions: Does Michigan’s Elliot-Larsen Civil Rights Act provide a cause of action against schools related to sexual harassment of students? If so, what is the correct liability standard, and is it the same as the liability standard for Title IX?