ELA update: Court sets standard for determining district liability for peer discriminatory behavior
Published: October 28, 2008
California’s 4th District Court of Appeal has ruled that the appropriate legal standard for determining whether a district will be liable in monetary damages for student-to-student harassment in a case based on sexual orientation, is the “deliberate indifference” standard similar to that required by federal law.
In the case, two students claimed they were harassed because of their sexual orientation and that the response by district staff was inadequate. The students sued under Education Code Section 220, which prohibits discrimination in school programs or activities.
The law was unclear as to which standard should be used to determine district liability—deliberate indifference or negligence. CSBA’s Education Legal Alliance filed a brief on behalf of the district, arguing that the “deliberate indifference” standard should be applied. To be found liable under that standard, a student must show that he or she suffered “severe, pervasive and offensive” harassment, the district had “actual knowledge” of that harassment, and the district, through administrative reaction, acted with “deliberate indifference” in the face of such knowledge.
The students argued that a lower “negligence standard” should apply, meaning that the district knew or should have known of the harassment and failed to take immediate and corrective action. In this case, however, the court concluded that Poway Unified School District was liable under the higher standard.
The Alliance was concerned that if the court held the negligence standard applied, district officials across the state could be held to a standard that is not achievable. The test adopted by the court is a victory for school districts in that, by requiring actual notice, the district has the opportunity to take corrective action before a lawsuit is filed.
Districts are encouraged to review their sexual harassment policies and grievance procedures and ensure that all complaints are investigated promptly and thoroughly.
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The Court of Appeal decision can be found at: http://www.courtinfo.ca.gov/opinions/documents/D047199.PDF