High court says girl can sue school over janitor

BISMARCK, N.D. (AP) — The North Dakota Supreme Court has ruled that Washburn Public Schools can be sued for allegedly not properly supervising a janitor after a parent complained about his conduct.

The Bismarck Tribune reports that the unanimous decision handed down this week returns the lawsuit to district court.

The 16-year-old student alleged that the head custodian touched her inappropriately and made inappropriate comments to her during her employment, which lasted until 2003.

The district ordered the man to stay away the girl and to participate in an improvement plan.

She sued the district in 2006, seeking more than $180,000 in damages.

South Central District Judge Gail Hagerty dismissed the suit. The Supreme Court reversed, saying the claims she suffered were of a mental or psychological nature, not physical.

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