Jane Doe v. Alpena Public School District

Summary

The Michigan Supreme Court held that the Elliott‑Larsen Civil Rights Act does not create a vicarious‑liability cause of action for a hostile educational environment caused by student‑on‑student sexual harassment, and therefore the trial court’s grant of summary disposition under MCR 2.116(C)(8) was proper. The Court reversed the Court of Appeals’ vicarious‑liability holding, vacated its summary‑disposition ruling under MCR 2.116(C)(10), and remanded for further consideration of direct‑liability claims.