Home -> Law Blog Directory -> Education Law Blogs -> Title IX Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Education Law
: Title IX BlogSchool District May Be Liable for Football Camp Harassment
By Erin Buzuvis, Sudha Setty, and Kristine Newhall
For the school district to be liable under Title IX, the plaintiff must establish that the harassment was severe and pervasive, motivated by his sex and gender, known to the school district, and met with the district's deliberate indifference. The court denied summary judgment to the school district because it determined that a jury could find these elements present in plaintiff's case. First, the fact that the plaintiff was sexually assaulted and -- although he endured camp -- later withdrew from school would support a jury's conclusion that the harassment was severe and pervasive. Second, though the school district argued that the harassment was motivated by the plaintiff's status as a freshman, the court determined that a jury could find that it was instead gender-motivated based on the homosexual epithets that accompanied the abuse. Third, even though the plaintiff did not report harassment during camp, the court reasoned that a jury could find that the camp's head coach had notice of the danger the upperclassmen posed because he had caught the same boys attempting to air pump assault on another victim, causing the coach to confiscate the air pump but take no further action against the perpetrators. Last, the court found that the district's response might constitute deliberate indifference in the eyes of the jury. After camp, an assistant coach discovered the assault on the plaintiff and reported it to the principal, who suspended the perpetrators from school. Notwithstanding this severe response, if the jury agrees that the head coach had notice during camp that the plaintiff was in danger, his failure to take action against the perpetrator at that time may satisfy the deliberate indifference standard.
This case sheds important light on the hazing that goes on in many athletic programs. In addition to laws in many states thatprotect students against hazing and bullying, Title IX applies when such misconduct is also sexual in nature. School districts wishing to protect their students from harassment and avoid liablity must train their coaches and teachers to recognize and respond to incidencts as sexual harassment and not dismiss it as horseplay or condone it as team hazing.
Decision: Roe v. Gustine Unified Sch. Dist., 2009 WL 5184688 (E.D. Cal. Dec. 22, 2009).
Full post as published by Title IX Blog on January 12, 2010 (boomark / email).
Sexual Harassment Policy
Define harassment, outline complaint procedure
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
Unlawful Retaliation for Sexual Harassment Claim
Title VII retaliatory discharge retaliation requires proof of participation in protected activities
Student Harassment
Wichita School District pays $45,000 settlement for high school students' harassment lawsuit.
School Racism
School District pays $250,000 in racial harassment settlement.
Football-Related Dementia and Workers' Compensation
Football-Related Dementia Is the NFL Liable?
Locker Room Hazing
School district to pay $567,500 settlement in harassment lawsuit.
Maintenance Worker
Knox County School District pays employee $24,000 harassment settlement.
Ellsworth School District
4.4% increase in salaries as part of contract settlement.

High School Student Takes On Anti-Gay HarassmentAnd Wins
South Carolina High School Football Coaches Often Mix Religion With Coaching
Sexual Harassment: A Strange, Vague "Tort"








