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When a jury could decide on Emilie Olsen's case

Posted: 1:15 PM, May 03, 2016
Updated: 2016-05-03 13:15:52-04

FAIRFIELD TOWNSHIP, Ohio -- A trial in the case against the Fairfield City School District after the death of student Emilie Olsen wouldn't be until February 2018, according to the latest court filing.

That is, if the Olsen family decides to take the suit all the way to a jury. 

The family and the district -- and their attorneys -- will meet for a potential "settlement conference" on Sept. 20, 2017, according to documents filed April 28. 

Neither the family or attorneys in the case would comment on the latest filing. 

RELATED: Attorneys: Fairfield tried 'shutting up' Olsen family

In their multi-count claim against the Fairfield City School District, Cindy and Marc Olsen allege a failure at every level  -- from teachers to guidance counselors, assistant principals, principals and the district superintendent -- to provide a safe learning environment for their daughter.

Specifically, they allege:

  • violations of Emilie's right to due process by failing to address the bullying
  • discrimination on the basis of national origin
  • discrimination on the basis of her gender
  • violations of their obligation to respond to bullying, harassment and assault/battery
  • violated their obligation to respond to sexual harassment
  • violated their obligations to respond to race/national origin discrimination
  • deprived her of her rights under the Equal Protection Clause because of the racial discrimination
  • negligence and gross negligence
  • wrongful death
  • breach of duty of care and supervision
  • intention infliction of emotional distress
  • negligent infliction of emotional distress
  • hazing/bullying violations
  • failure to report child abuse
  • breach of express and/or implied contract
  • assault and battery against Emilie's bullies
  • defamation against some of Emilie's bullies
  • loss of consortium
  • trespass and intentional infliction of emotional distress because of the Dec. 16, 2014 visit to the Olsen home

OUR INVESTIGATION: How bullying played a part in Emilie's death

 

The Olsens' suit seeks damages and reforms to the Fairfield City School District's practices and policies for responding to bullying, harassment, assault, battery and discrimination, it states.

In two separate court filings this month, attorneys for the district  denied all counts against them.  In the second filing, the attorneys asked the judge to make a ruling on 10 counts without allowing the Olsens to introduce any evidence.

The school defendants stated in their April 12 filing: "The plaintiff's complaint fails to state plausible claims which entitle the school defendants to judgment on those claims in the pleadings."

The motion for judgment seeks to absolve all school defendants from the following counts on the basis of points of law:

  • failing to address the bullying
  • failing to respond to sexual discrimination
  • failing to respond to race/national origin discrimination
  • negligence and gross negligence
  • wrongful death
  • breach of duty of care and supervision
  • negligent infliction of emotional distress.
  • hazing/bullying violations
  • breach of express or implied contract

The school defendants' attorneys also asked the judge to dismiss the claim of intentional infliction of emotional distress against the school district, citing a state law that says a school district is a body politic and not an entity that can be sued.

Besides Otten, Butts and Rice, the school defendants include the Board of Education and Fairfield City School District as well as:

  • Jeff Madden (intermediate school principal)
  • Allison Cline (intermediate school assistant principal)
  • Melissa "Missy" Mueller (intermediate school assistant principal)
  • Nancy Wasmer (middle school assistant principal)
  • Erica Green (middle school counselor)
  • Candy Bader (intermediate school teacher)

Also listed as defendants are 11 John/Jane Does, including the Fairfield City School District Title IX coordinator/administrator and other employees, administrators and teachers.

Eight unnamed "minor students" are also defendants in the suit, along with John/Jane Does students and former students.