St. Peter-Immanuel Lutheran Church and School, located in Milwaukee, Wisconsin, employed Elizabeth Dillett as both a kindergarten teacher and the School’s athletic director in 2015. J.S. had previously attended the School, graduating in 2014, and later worked there as a part-time janitor.
In January 2015, when J.S. was 14 years old, he began working under Dillett’s supervision. Initially, their interactions were allegedly professional and appropriate, but Dillett began engaging in behaviors that progressively escalated into misconduct. J.S. contended that these behaviors included providing food and gifts to J.S., offering him rides home from school, engaging in sexual conversations that became more explicit over time, and ultimately engaging in repeated sexual intercourse with him.
At some point before December 2015, rumors began circulating within the School community regarding Dillett’s alleged sexual relationships with multiple former students, including J.S. A concerned parent, whose child had heard these rumors, reported the allegations to Amy Peuchner, the School’s principal at the time. Peuchner allegedly dismissed the concerns, characterizing the matter as a private issue between J.S.’s mother and Dillett, rather than one requiring formal school intervention.
Following this report, Peuchner organized a meeting attended by the complaining parent, J.S.’s mother, and Dillett. During this meeting, Dillett allegedly denied the accusations and J.S.’s mother requested a formal school investigation, but her request was denied.
Meanwhile, J.S. remained unaware of the meeting, and his inappropriate relationship with Dillett continued for at least four more months.
In April 2016, J.S.’s father discovered explicit text messages between his son and Dillett. When confronted, J.S. admitted to the relationship. His parents immediately confronted Dillett about her conduct, reported the matter to Child Protective Services (CPS), and triggered an investigation, which ultimately led to Dillett’s arrest and incarceration.
Despite these events, J.S. alleged that he remained in psychological denial regarding the nature of the relationship. He claimed that only on March 30, 2023, through therapy, did he come to understand that he had suffered emotional and psychological harm as a result of Dillett’s misconduct. Additionally, J.S. contended that he did not learn until May 14, 2024 that a concerned parent had previously reported the relationship to the School.
J.S. filed a lawsuit on July 2, 2024, asserting a Title IX claim against St. Peter-Immanuel Lutheran Church and School, arguing that the School failed to act upon notice of teacher-student sexual misconduct. J.S. also alleged a number of state claims, including battery, intentional infliction of emotional distress, and breach of fiduciary duty against Dillett, and vicarious liability against St. Peter-Immanuel for Dillett’s actions.
St. Peter-Immanuel filed a motion to dismiss, arguing that the Title IX claim was untimely under Wisconsin’s six-year statute of limitations for personal injury claims. St. Peter-Immanuel also argued that the court should decline to exercise jurisdiction over the remaining state law claims, as the sole federal claim (Title IX) was time-barred.
The Court agreed with St. Peter-Immanuel, finding that J.S.’s Title IX claim was untimely based on the six-year statute of limitations applicable to personal injury claims in Wisconsin. The Court held that a Title IX claim accrues when a school has actual notice of misconduct and fails to act. In this case, the School was put on notice in December 2015, when a concerned parent reported the allegations. The six-year statute of limitations began running at that time, meaning that J.S. had until December 2021 to file his lawsuit. Because J.S. did not file suit until July 2, 2024, his claim was barred by the statute of limitations.
J.S. argued that his claim should be considered timely under Wisconsin’s discovery rule, which tolls accrual until the plaintiff discovers or with reasonable diligence should have discovered the claim. J.S. asserted that his claim did not accrue until March 30, 2023, when he realized his emotional injuries through therapy. The Court rejected this argument, holding that Wisconsin law does not allow delayed accrual based on psychological denial.
J.S. also argued that his claim should be considered timely under the doctrine of equitable tolling, reasoning that the limitations period should be tolled because he was unaware that the School had prior notice of Dillett’s misconduct. The Court rejected this argument, too, and found that J.S.’s mother was aware of the School’s inaction as early as April 2016, when she reported it to CPS.
Because the only federal claim (Title IX) was dismissed, the Court declined to exercise supplemental jurisdiction over J.S.’s state law claims. The Court granted St. Peter-Immanuel’s motion to dismiss with respect to the Title IX claim and dismissed J.S.’s state law claims without prejudice, allowing him to pursue them in state court if he chooses.
Strong v. St. Peter-Immanuel Lutheran Church (E.D.Wis. Jan. 27, 2025) 2025 U.S.Dist.LEXIS 13627.
Note: LCW will continue to monitor this case, particularly for the vicarious liability claim should J.S. refile in state court. Vicarious liability is the legal principle that an employer may be responsible for the actions of their employees if engaging in conduct within the scope of their employment.