Still, the case is not necessarily over. Zara Moss might file an amended complaint curing the deficiencies cited by a federal judge.
However, U.S. Middle District Judge Matthew W. Brann gave Zara Moss, a four-time All-American fencer from Pittsburgh, the opportunity to cure the defects in her complaint that alleged Title IX violations.
In her suit she claimed Penn State knew about the harassment and did nothing in response thus creating a hostile educational environment in violation of Title IX. A plausible claim under Title IX must allege facts that Penn State had actual knowledge of Glon’s harassment, Brann explained. The court has no way of inferring when the alleged conduct occurred, it states. That inadequacy precludes the application of the continuing violation doctrine, the opinion states.
This is the second time within a year Brann has dismissed a suit against Penn State and fencing coaches. It accuses Penn State of refusing to hold Glon and Abashidze responsible for their conduct and those two of attempting to compel her silence through harassment and intimidation.
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