Leeann Mitchell, Individually, and on Behalf of D.E., Her Minor Child v. Cedar Rapids Community School District

I respectfully dissent. The majority opinion is an example of the aphorism that bad facts can make bad law. The mental disability of the fourteen-year-old special education student-victim makes this a harder case. Yet, the school district’s tangential role in the events leading to her sexual assault by another student after school hours off campus is too attenuated to support liability under traditional tort law or the Restatement (Third) of Torts. This court should not extend liability to *706her teachers or the school district under the facts of this case: D.E. skipped her last class, lied to…