Bruneau v. South Kortright Cent. School

• Citation: 935 F. Supp. 162
• Decision Date: 25 July 1996
• Docket Number: No. 94-CV-0864.,94-CV-0864.
• Parties: Eve BRUNEAU, a Minor, By and Through her Guardian ad litem, Pat SCHOFIELD, Plaintiff, v. SOUTH KORTRIGHT CENTRAL SCHOOL DISTRICT, Lynda H. Race, William Parker, South Kortright School Board, Defendants.
• Court: United States District Courts. 2nd Circuit. United States District Court of Northern District of New York

935 F. Supp. 162

Eve BRUNEAU, a Minor, By and Through her Guardian ad litem, Pat SCHOFIELD, Plaintiff, v. SOUTH KORTRIGHT CENTRAL SCHOOL DISTRICT, Lynda H. Race, William Parker, South Kortright School Board, Defendants.

No. 94-CV-0864.

United States District Court, N.D. New York.

July 25, 1996.

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Steel, Bellman, Ritz & Clark, New York City, for Plaintiff; Merrick T. Rossein, of counsel.

Coughlin & Gerhart, L.L.P., Binghamton, New York, for Defendants; Frank W. Miller, of counsel.

MEMORANDUM, DECISION AND ORDER

McAVOY, Chief Judge.

I. BACKGROUND AND FACTS

The Plaintiff, Eve Bruneau, was a student in the sixth grade at South Kortright Central School District. Pat Schofield, the Plaintiff's mother, was appointed her guardian ad litem for the purposes of this suit by this Court's Order dated December 22, 1994. The Defendants are: South Kortright Central School (hereinafter "SKCS"), a public school which receives Federal financial assistance; Lynda Race, an assistant superintendent of the school; William Parker, the Plaintiff's former sixth grade teacher; and the South Kortright Central School Board.

i. Procedural Background

The Plaintiff's original claim, filed on July 13, 1994, asserted a cause of action against the Defendants for a violation of 20 U.S.C. § 1681 (hereinafter "Title IX"), 42 U.S.C. § 1983 and the Fourteenth Amendment of the United States Constitution. On September 14, 1994, the Defendants filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) or alternatively for summary judgment Pursuant to Fed.R.Civ.P. 56. In an Order dated December 22, 1994, this Court, inter alia: (1) granted the Defendants' motion to dismiss the Title IX claims against the individual Defendants Mr. Parker, Mrs. Race and Mr. Thompson; (2) denied the Defendants' motion to dismiss the Title IX claims against SKCS and the SKCS Board of Education; (3) denied the Defendants' motion to dismiss the 42 U.S.C. § 1983 claims; (4) granted the Defendants' motion to dismiss the 42 U.S.C. § 1983 claim against SKCS and the SKCS Board only in regard to school policy and custom but granted the plaintiff 30 days in which to amend her complaint; (5) granted the Defendants' motion to dismiss the 42 U.S.C. § 1983 claims against individual Defendant Mr. Thomson; and (6) denied the Defendants' motion for summary judgment in its entirety.

On December 27, 1994, the Plaintiff filed her Amended Complaint. The Plaintiff asserts that Title IX supports a claim where supervising authorities, such as faculty members, administrators or school board members, knowingly fail to act to remedy a sexually hostile learning environment created by fellow students. The Plaintiff claims that a Title IX claim should be governed by the same judicial standards applicable to 42 U.S.C. § 2000e-2(a) (hereinafter "Title VII") relating to an employer's toleration of a sexually hostile working environments created by employees.

On June 6, 1996, the Defendants moved for summary judgment against the Plaintiff's Amended Complaint. They contend that Title VII analysis is not applicable to a Title IX claim where the sexually hostile learning environment was created by a student's peers.

ii. The Plaintiff's Case

The Plaintiff alleges that she and other girls in her class were subjected to verbal and physical sexual harassment beginning in September, 1993, until she was forced to transfer from SKCS on March 1, 1994. The Plaintiff claims that such sexual harassment made her feel unsafe and depressed. Bruneau Aff'd at 1-2. Additionally, the harassment created an intimidating, abusive and hostile learning environment which interfered with her education. Id. The Plaintiff and other girls were often referred to as "lesbian", "prostitute", "retard", "scum", "bitch", "whore" and "ugly dog faced bitch." Plaintiff's Counter-Statement of Disputed Material Facts at 2. The physical harassment included the boys; snapping the girls' bras, running their fingers down the girls' backs, stuffing paper down the girls' blouses, cutting the girls' hair, grabbing the girls' breasts, spitting, shoving, hitting and kicking. Bruneau Aff'd. at 1-5.

The Plaintiff alleges that Mr. Parker and Ms. Race were aware of the sexually harassing conduct and failed to take any action to stop it. Id. at 5. At a meeting on or about November 16, 1993, the Plaintiff alleges that all the girls in the class, including herself, informed Mr. Parker of the sexual harassment. Id. Additionally, the Plaintiff contends that in meetings on November 3, 1993, November 19, 1993, and March 25, 1994, the Plaintiff and her parents brought the sexually harassing conduct to the attention Mr. Parker, Mrs. Race, and other school officials. Schofield Aff'd. at 3, 5, Bruneau Aff'd. at 9. Ms. Schofield alleges that she specifically informed Mr. Parker that she felt that the boys behavior constituted sexual harassment. Id. at 3. Allegedly Mr. Parker responded by telling her that he believed that the boys conduct was normal flirting and teasing and that "Eve was so beautiful that the guys would be all over her in a couple of years." Id. at 4. The Plaintiff claims that the boys sexually harassing conduct continued despite many specific reports to school employees. Bruneau Aff'd. at 6.

Additionally, the Plaintiff alleges that Mr. Parker favored his male students by assisting, inviting, and encouraging them to participate in certain projects and activities in the classroom while not inviting or encouraging, even discouraging, the girls participation. Id. at 8-9. As examples, the Plaintiff recounts that Mr. Parker assisted only the boys in making Indian headdresses and turkey calls. When the Plaintiff asked if she could participate in the activity she states that Mr. Parker handed her a straw and told her to "suck on this instead." Id. Additionally, the Plaintiff asserts that the boys' closet had more storage space than the girls and that Mr. Parker brought in hunting, sports, and gun magazines for the boys but nothing for the girls. Id. at 9. Mrs. Schofield informed Mrs. Race on November 19, 1993, that she felt that Mr. Parker's room was male-oriented. Schofield Aff'd. at 7.

iii. The Defendants' Case

The Defendants contend that neither the Plaintiff nor her parents gave the school adequate notice of the alleged sexual harassment. Defendant's Memorandum of Law at 8. The Defendants do not contest that Mrs. Schofield made two verbal complaints to Mr. Parker concerning alleged peer sexual harassment on or about November 3, 1993, and November 10, 1993. Defendants' Statement of Uncontested Facts at ¶ 12. Yet, each complaint allegedly related to the same incident. That incident involved a male student calling the Plaintiff a "dog faced bitch." Id.

Mr. Parker contends that, other than the Plaintiff's complaint filed with this Court, he has "never heard Eve Bruneau, Pat Schofield, or any other student or parent allege that there was sexual harassment occurring in my class room." Parker Aff'd at 11, 15. He did not observe any sexual activity between any children and does not believe that sexual harassment occurred in his classroom. Id. at 15-16. Mr. Parker contends that, "there was no situation of which I am aware where I did not address a student's misbehavior when it was brought to my attention." Id. at 16. Additionally, during the November 16, 1993, meeting neither the Plaintiff nor the other girls in his class informed him that they felt they were being sexually harassed. Id. Mr. Parker recounts that the only episodes of mistreatment by the male classmates alleged by the girls included not allowing them to play on the playground, the boys not participating with them in various playground activities, pushing, and shoving. Id. Mr. Parker stated that, "things such as pushing and shoving, horseplay and the like, are typical sixth grade behavior." Id.

The Defendants do not contest that Mrs. Schofield made complaints to Mrs. Race concerning alleged sexual harassment on November, 1993, and March 25, 1994. Plaintiff's Statement of Uncontested Facts ¶ 13. It should be noted that the March 25, 1994, complaint was made only one day prior to the Plaintiff's transfer from SKCS. Id. Additionally, Mrs. Race denies receiving any complaint from the Plaintiff concerning any acts of alleged sexual harassment at any time during the 1993-1994 school year until the March 25, 1994, meeting. Race Aff'd. at ¶¶ 17, 20. Mrs. Race claims that her November, 1993, meetings with Mrs. Schofield were primarily concerned with the school district's discontinuance of the accelerated mathematics program. Id. at ¶ 21. During the course of that meeting, Mrs. Schofield did bring to Mrs. Race's attention the incident in which the Plaintiff was referred to as an "ugly dog faced bitch" and that the Plaintiff had been excluded from several class projects including the Indian headdress and turkey call project. Id. at ¶¶ 22, 23. Mrs. Race contends Mrs. Schofield asked her to address these problems and Mrs. Race allegedly complied. Id. at ¶¶ 22, 24, 26. Mrs. Race claims that nothing further was asked of her. Id. Finally, Mrs. Race denied that she ever disregarded or ignored any complaints made by the Plaintiff, her mother or anyone else in regard to alleged sexual harassment. Id. at ¶ 16.

The Defendants contend that the Plaintiff at no time made or filed any written complaint alleging that the acts of sexual harassment perpetrated by fellow students were ignored by school district officials, Id. at ¶ 11, nor filed a complaint pursuant to SKCS's Title IX policy during the time frame referenced by the Plaintiff's complaint. Id. at ¶ 8.

II. DISCUSSION

The Defendants contend that Title VII analysis is not applicable to a Title IX claim where a sexually hostile learning environment was created by a student's peers. In the alternative, the Defendants argue that, even if Title IX did apply, they did...