Posted in Civil Rights,Criminal Law,Discrimination,Negligence on March 7, 2015
A Sapulpa assistant softball coach was found dead in an apparent suicide after Creek County officials officially charged him in the rape of a 17 year old softball player.
If you have questions about Title IX, sexual harassment or gender discrimination, contact the personal injury attorneys at Bryan & Terrill, 918-935-2777
The body of Brad Alan Evans was discovered by deputies when they entered his home to serve the charges of Second Degree Rape.
The Sapulpa school district had terminated Evans’s employment earlier in the week when it learned about the investigation into his conduct, but the termination decision may not absolve Saplupa of its legal responsibly for the conduct of Evans.
Under Title IX, the Supreme Court has held that rape and sexual assault necessarily constitute sexual harassment sufficient to trigger protections under federal law.
Title IX imposes liability on a school district for teacher on student harassment where an official with authority to address the alleged harassment has notice of the conduct and fails to institute adequate corrective measures.
In the case of Evans, there is evidence he had a prior history of problems, including felony possession charges and charges for assault and battery with a dangerous weapon. There is also evidence that Sapulpa superintendent Kevin Burr had previously employed Evans at Rogers High School in 2006.
These prior instances bespeak of a long history of problems for Evans, and while there is no overt evidence right now that Sapulpa had any prior knowledge of sexual harassment, law enforcement has indicated that under these circumstances, it is not uncommon to have a pattern of victims, and where there are more victims, there is a greater likelihood that some decision-maker at the school district had prior knowledge of Evan’s conduct.