Cape Fear Academy says lawsuit claims by former students are not valid
WILMINGTON, NC (StarNews) — Cape Fear Academy is asking the court to dismiss a lawsuit filed against them after three students came forward with accusations of sexual harassment and retaliation.
The school’s attorney, Patrick Mincey of Cranfill Sumner LLP, filed two motions to dismiss on Dec. 3. He argued the plaintiffs failed to bring forward a valid claim and failed to abide by federal law by using pseudonyms.
The three students, referred to as Jane Doe, Jill Doe and Jane Roe in the lawsuit, argued Cape Fear Academy violated Title IX when the students reported sexual harassment they were experiencing by several boys in their class. The students said they were retaliated against when they started a petition to get the boys removed from their speaking roles at their graduation ceremony after the school allegedly failed to act.
Gary Shipman, the attorney representing the former students, declined to comment on the motions until he’s able to closely review and analyze them.
The school accepted a Paycheck Protection Program (PPP) loan in April 2020 because of the COVID-19 pandemic. The lawsuit said the school was then legally bound to follow Title IX and other federal regulations because it accepted federal funding. But in the motion to dismiss, the school said it should not be required to follow Title IX because the funds from the loan came from a private business, First Carolina Bank.
