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Appeals court sides with teen who spoke out against assault
Legal Marketing News | 2020/08/08 12:46
A federal appeals court has ruled that a lower court was justified in blocking the suspension of a Maine high school student who posted a note in a bathroom to draw attention to sexual assault.

Cape Elizabeth schools suspended Aela Mansmann, then a 15-year-old sophomore at Cape Elizabeth High School, after she posted a note in a bathroom that said: “There’s a rapist in our school and you know who it is.” The American Civil Liberties Union of Maine then took on Aela's case, and a federal judge blocked the suspension while defending Aela's note as free speech.

United States Court of Appeals for the First Circuit in Boston ruled on Thursday that the lower court was within its right to stop the suspension.

The court's ruling states that Aela's actions were “far from the best way” for the student “to express her concerns about student-on-student sexual assault and Cape Elizabeth H.S.’s handling of sexual assault claims.” However, the appeals court also found that the lower court did not abuse its own discretion in stopping the suspension.

The school district said the Cape Elizabeth School Board will meet in the future to determine its next steps. The district said it maintains that placing the note was an act of bullying against another student. It also said in a statement that it was “disappointed” in the appeals court ruling.


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