Shong-Ching Tong v. Assured Thrift & Loan Ass'n

holding that school children have a liberty interest iii their bodily integrity that is protected by the due process clause of the Fourteenth Amendment and that sexual abuse by a school employee violates that right | holding that school children have a liberty interest in their bodily integrity that is protected by the due process clause of the Fourteenth Amendment and that sexual abuse by a school employee violates that right | explaining that gross negligence is a heightened degree of negligence | Constitution protects schoolchildren from state-occasioned physical sexual abuse and physical discipline that is arbitrary, capricious, or wholly unrelated to legitimate state interests | no Title IX liability where despite separating elementary-age girls after a sexual assault a later sexual incident occurred | § 1983 claim lies for substantive due process violation under "special relationship" exception to DeShaney when school official acts with deliberate indifference to students' rights | § 1983 claim lies for substantive due process violation under “special relationship” exception to DeShaney when school official acts with deliberate indifference to students’ rights | Higginbotham, J., concur-ringXteacher’s official interactions with student and his sexual activity with her constituted an “indivisible, ongoing relationship” even though a significant amount of the sexual misconduct occurred after hours and off school grounds | where a municipality’s inaction demonstrates deliberate indifference towards the rights of an individual, the municipality commits an act of omission; its failure to act rises to the level of a conscious or deliberate choice | a case in which a student, molested by a high school teacher, sued the principal of her school and the superintendent of the school district in their supervisory capacities for "permitting violations of her substantive due process right to bodily integrity"