Filed Date: March 18, 2009
Closed Date: June 30, 2010
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On March 18, 2009, a female high school senior, represented by the American Civil Liberties Union of Southern California, filed this lawsuit against Newport-Mesa Unified School District. This suit was filed in the Superior Court of Orange County pursuant to 42 U.S.C. 1983 and Title IX, 20 U.S.C. 1681-1688 alleging that the plaintiff's high school had a hostile, sexist and homophobic atmosphere that officials had permitted to flourish at the school.
In January 2009, the plaintiff was specifically threatened with sexual assault and murder in a Facebook video message posted to the high school's Facebook page. The video also included homophobic remarks directed at another student. After filing a complaint with the school, and being assured that those responsible for the video would be punished, the plaintiff was threatened again, this time in person. After the school continued to refuse to punish those threatening the plaintiff, she and her parents filed this lawsuit against the school and the school district.
The plaintiffs sought an injunction prohibiting defendants from continuing to discriminate by failing to respond reasonably to complaints of harassment and hostility based on sex and sexual orientation. The plaintiffs requested the defendants to adopt a formal process for the filing and investigation of a complaint when a student is subjected to harassment or discrimination because of sex or actual or perceived sexual orientation, publish this process, and notify all students and parents about this process. The plaintiffs also requested that the defendants designate and train specific school staff to be point persons for students to talk to regarding harassment or discrimination because of sex or actual or perceived sexual orientation.
On August 26, 2009, a district-wide training was provided to all leadership team members. Participants in this leadership team training included all school site administrators, as well as all district managers. As the parties began settlement negotiations, the plaintiffs waived any potential claim to damages for emotional distress she may have suffered, and instead sought staff and student training, clarification and dissemination of complaint and harassment policies, and a promise of legal compliance by the district.
On September 9, 2009, the parties filed a settlement agreement. The agreement required that district officials provided a written apology to the plaintiff, that the district provide mandatory training sessions for administrators, teachers, and students that would focus on the harmful impact of sexual discrimination and harassment, as well as protocol to be followed whenever anyone experience discrimination or harassment based on sex, sexual orientation or gender identity.
The training mandated by the settlement was to be conducted under the direction and guidance of the Orange County/Long Beach regional office of the Anti-Defamation League. It included an eight-hour program for all district managers, school-site administrators, principals and assistant principals.
The settlement agreement remained in effect through June 30, 2010, the end of the 2009-2010 academic school year.
The case is closed.
Summary Authors
Ginny Lee (3/9/2017)
Helzer, Belinda Escobosa (California)
Rifkin, Lori Ellen (California)
Rosenbaum, Mark Dale (California)
Villagra, Hector O. (California)
Last updated Aug. 30, 2023, 1:47 p.m.
State / Territory: California
Case Type(s):
Key Dates
Filing Date: March 18, 2009
Closing Date: June 30, 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff was a high school student who received verbal threats and harassment based on sexual orientation.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Newport-Mesa Unified School District (Orange), School District
Defendant Type(s):
Case Details
Causes of Action:
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 2009 - 2010
Content of Injunction:
Develop anti-discrimination policy
Implement complaint/dispute resolution process
Issues
General:
LGBTQ+:
Discrimination-basis:
Affected Sex or Gender:
Type of Facility: