A federal judge Tuesday denied a request from the prestigious Hotchkiss School for reconsideration of an earlier court ruling that kept a breach of fiduciary duty finding in a lawsuit alleging the school had a duty to stop the alleged 1980s sexual assault of a minor.

In his ruling, which keeps the lawsuit moving forward, U.S. District Judge Victor Bolden of the District of Connecticut said a motion for reconsideration should only be granted when the defendant identifies “an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.” Bolden said the school proved none of those.

The February 2015 lawsuit was filed on behalf of a former student identified with the pseudonym John Doe, who alleges then-English teacher Roy Smith sexually assaulted him for years at the school, beginning when the student was 14 years old. Smith has since died, but Doe alleges the school had a duty to protect its student.