193010P.pdf   12/21/2020  KC  v.  Mark Mayo
   U.S. Court of Appeals Case No:  19-3010
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Erickson, Author, with Loken and Shepherd, Circuit Judges] 
   Civil case - Civil rights. When, as here, a complaint involves allegations 
   against school officials brought under both Title IX and Section 1983, 
   this court has held that an official in these circumstances must have 
   actual notice of the alleged sexual harassment or sexual abuse by a school 
   employee to meet the standard for liability; viewing the facts in the 
   light most favorable to plaintiff, her claims cannot survive summary 
   judgment because the facts are insufficient to support a finding that the 
   school officials had actual notice of sexual abuse or harassment by a 
   teacher prior to October 14, 2014, when plaintiff's mother met with school 
   officials and provided them with a cell phone containing text messages 
   evidencing a sexual relationship between the teacher and plaintiff; at 
   that point, school officials took immediate action, contacting the police 
   and placing the teacher on administrative leave; thus, actual notice 
   cannot be assigned to the district or any school official before October 
   14, 2014, and there is no liability for their actions prior to that date.