December 12, 2018

The firm won an appeal before the Appellate Division Second Department where it challenged the finding of the trial court which had previously held that the Dignity for All Students Act (“DASA”) conferred a private right of action to potential plaintiffs. By way of this opinion, the Second Department now joins the Third Department in finding that DASA does not create a private right of action in favor of a student injured by a school’s failure to enforce its policies prohibiting discrimination and harassment. The decision is a significant victory for public school districts, given the increasing trend of plaintiffs who are relying on DASA to allege a separate cause of action under the statute.