Virginia Beach, VA – Toscano Law Group Founder Diane Toscano was recently featured in Virginia Lawyers Weekly providing legal commentary on an important Title IX federal court decision from the U.S. Court of Appeals for the Fourth Circuit. The case, Blair v. Appomattox County School Board, addressed whether a Virginia school board was deliberately indifferent to student sexual harassment.
The Case: Blair v. Appomattox County School Board
In Blair, a high school freshman in Appomattox, Virginia reported bullying and sexual harassment on a school bus to school counselors. Despite the student’s complaint, the record showed no evidence that school officials interviewed the accused students or took meaningful action. The Fourth Circuit held that this lack of response could constitute deliberate indifference under Title IX, allowing the lawsuit to proceed.
Diane Toscano’s Commentary on the Ruling
Attorney Diane Toscano explained that the decision has significant implications for students and families pursuing Title IX claims. According to Toscano, the ruling “signals to plaintiffs that allegations of school failure to adequately address sexual harassment are more likely to survive dismissal and go to trial.”
She also noted the dissent by Judge Wilkinson, who warned that federal courts should avoid second-guessing school officials and interfering with day-to-day disciplinary matters. Toscano observed that the split panel decision “highlights the ongoing tension in Title IX law between meaningful enforcement to ensure student safety and deference to local educators in navigating difficult situations.”
Why This Ruling Matters
The Fourth Circuit’s decision clarifies that Virginia schools—and schools across the region—must take student reports of sexual harassment and bullying seriously. Failure to act may expose school boards to liability under Title IX. For students and parents, this ruling underscores the importance of understanding their rights when schools neglect to protect them.
Toscano Law Group: Advocates for Students and Families
At Toscano Law Group, our attorneys represent clients in Title IX cases, student safety matters, and federal litigation. With offices in Virginia Beach, we are dedicated to protecting the rights of students who have experienced harassment, discrimination, or retaliation in educational settings.
If you or your child has been affected by Title IX violations in Virginia, contact Toscano Law Group for a confidential consultation. Our experienced team is committed to holding schools accountable and ensuring student safety.
🔗 Read the full Virginia Lawyers Weekly article here: Virginia Lawyers Weekly – Title IX Student Harassment Case
