Johnson v. Elk Lake School District
United States Court of Appeals for the Third Circuit
283 F.3d 138 (3d Cir. 2002)
Johnson (plaintiff), a student who began regularly seeing school guidance counselor Stevens (defendant), alleged that over roughly two years Stevens sexually harassed and abused her, including sending suggestive messages, attempting to hug and kiss her, and at one point fondling her; at trial, Johnson sought to introduce testimony from Radwanski, a teacher's associate, that Stevens had previously touched her crotch area while lifting her over his shoulder in another teacher's office, in that teacher's presence, though Radwanski gave inconsistent testimony about the duration of the contact and could not confirm it was intentional. Although admissible under Federal Rule of Evidence 415, the district court excluded Radwanski's testimony under Rule 403 as unfairly prejudicial, the jury found for Stevens, and Johnson appealed.
Whether, in a sexual harassment case, an isolated past incident of sexual harassment that is not similar to the present incident and where intent cannot be proven is admissible.