Idaho Code 33-6706 – Civil Cause of Action
Current as of: 2023 | Check for updates
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(1) Any student who, while accessing a public school restroom, changing facility, or sleeping quarters designated for use by the student’s sex, encounters a person of the opposite sex has a private cause of action against the school if:
(a) The school gave that person permission to use facilities of the opposite sex; or
(b) The school failed to take reasonable steps to prohibit that person from using facilities of the opposite sex.
(2) Any civil action arising under this chapter must be commenced within four (4) years after the cause of action has occurred.
Terms Used In Idaho Code 33-6706
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114
(3) Any student who prevails in an action brought under this chapter may recover from the defendant public school five thousand dollars ($5,000) for each instance that the student encountered a person of the opposite sex while accessing a public school restroom, changing facility, or sleeping quarters designated for use by aggrieved student’s sex. The student may also recover monetary damages from the defendant public school for all psychological, emotional, and physical harm suffered.
(4) Any student who prevails in action brought under this chapter is entitled to recover reasonable attorney’s fees and costs from the defendant public school.
(5) Nothing in this chapter limits other remedies at law or equity available to the aggrieved student against the school.