This section contains the nature of the case and procedural background.

Leslie (P) was 13 years of age and a student in the eighth grade. The School District (D) employed 26-year-old Steven Diaz as a teacher at her school. Diaz engaged in sexual activity with P, who was one of his students. This activity occurred in Diaz's classroom. According to Diaz, P voluntarily participated in a relationship with him and the aforementioned activity. P brought suit against Diaz, D, and Principal Andersen. P claimed that Diaz sexually abused P. Damages were also sought against D and Andersen based on negligent hiring and supervising. D and Andersen asserted an affirmative defense that P's voluntary participation in the sexual relationship with Diaz constituted contributory fault. P moved for partial summary judgment on this issue, seeking to strike the affirmative defense. The trial court deferred ruling on the motion pending an answer from this court to the certified question set forth.

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