Dawn L. v. Greater Johnstown School Dist., Civil Action No. 3:06-19.
| Decision Date | 13 November 2008 |
| Docket Number | Civil Action No. 3:06-19. |
| Citation | 586 F.Supp.2d 332 |
| Parties | DAWN L. and Michael L., on their own behalf and on behalf of their daughter ML, a minor, Plaintiffs, v. GREATER JOHNSTOWN SCHOOL DISTRICT, Defendant. |
| Court | U.S. District Court — Western District of Pennsylvania |
Edward A. Olds, Richard S. Matesic, Pittsburgh, PA, for Plaintiffs.
John W. Smart, Andrews & Price, Pittsburgh, PA, for Defendant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above-captioned action is brought pursuant to Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681(a) et seq. Plaintiffs in this case are Dawn L. and Michael L. on their own behalf and on behalf of their minor daughter M.L. Defendant is the Greater Johnstown School District (hereinafter the District). Plaintiffs claim that the District, a recipient of federal funds, Vol. 5 pp. 39-40 violated M.L.'s rights under Title IX by its unreasonable response to notice of sexual harassment of M.L. by another student, A.M., in January and February of 2005, thereby causing M.L. to suffer injury. Dawn and Michael L. also claim that the District violated their rights under Title IX by retaliating against them for opposing the District's allegedly unreasonable response to their notice of sexual harassment of M.L. by A.M. and in particular for filing the instant action.
At all times relevant to this case, the L. family was composed of Dawn and Michael L. and their four minor children. Vol. 2 pp. 39-40. Dawn and Michael L. are both lifelong residents of Johnstown, Pennsylvania and both attended District schools. Id. at 40; Vol. 4 pp. 124-25. Dawn L. is a full-time mother who has occasionally worked outside the home. Vol. 2 pp. 41-42. Michael L. is a crane operator. Vol. 4 p. 125. He was, however, disabled from approximately the beginning of June, 2003 until October 1, 2007. Id. at 125-27. While disabled, Michael L. received disability payments; the L. family's income during Michael's period of disability was approximately $2,300 to $2,600 per month. Id. at 129.
Dawn and Michael L. first became involved with the District as volunteers in approximately 1996, in conjunction with their eldest daughter's enrollment in the District. Id. at 132. From that time until February of 2006 they chaperoned, coached, tutored, worked on yearbooks, worked at concession stands, stood in for other parents at school events, participated in various booster organizations, served on parent-teacher committees, and ultimately served as officers in the Big J, the parent booster organization for all of the high school-level booster groups.1 Vol. 2 pp. 42-47; Vol. 3 pp. 92-93, 95-98; Vol. 4 pp. 131-37, 177-78; Joint Ex. 1 ¶ 44. Indeed, Dawn L. testified that she spent more time volunteering than she would have spent at a full-time job. Vol. 3 pp. 95-96.
Dawn L. was also employed by the District as a teacher's aide during the 2002-2003 school year. Joint Ex. 1 ¶ 47.2 Michael L. was hired by the District's varsity girls' basketball coach to keep score during the 2005-2006 season but was dismissed at approximately the same time as the L. family filed the instant action and has never been paid for the games he worked. Id. at ¶¶ 49-51.
M.L. was born on January 31, 1993.3 She was first designated as gifted in the second grade and for the remainder of her enrollment in the District was subject to a Gifted Individualized Education Program (hereinafter GIEP) which was revised annually to reflect her needs. Vol. 2 p. 56; Vol. 3 pp. 23-24; Vol. 4 p. 138; Ex. 10 pp. 10-89.4 At approximately the same time as her designation as a gifted student M.L. developed problems communicating and otherwise interacting with others. Vol. 1 pp. 115-17; Vol. 2 pp. 50-51. These problems were so severe that she could not make a purchase in a store or order food for herself in a restaurant. Vol. 1 p. 115; Vol. 2 p. 54; Vol. 4 p. 116. She would also refuse to speak in school; at least one of her elementary school teachers ultimately had to require her to at least say "goodbye" before allowing her to go to her next class or she would not speak at all. Vol. 2 p. 52. It was difficult for M.L. to make friends; there were "usually [only] one or two people out of a group that she would be able to become friends with...." Vol. 4 p. 138; see also Vol. 2 pp. 54-55. M.L. was also a "private person" who on at least one occasion refused to change her clothes behind the closed door of her bedroom because she could not lock the door. Vol. 4. p. 141.
Various mental health professionals have offered multiple diagnoses for M.L.'s condition, including social phobia, anxiety, selective mutism, and intellectual snobbery. Vol. 2 p. 51. By the fall of 2004 M.L. had also been evaluated for Asperger's Syndrome, a form of autism, and her parents had been counseled about how to deal with a child who suffered from that disorder. Id. at 69-73. Dawn and Michael L. were advised at that time that the condition could not be treated with medication and M.L. would likely always suffer from "severe social deficits." Id. at 72.
M.L. initially met A.M. through her older sister, N.L. Vol. 1 p. 119; Vol. 4 p. 112. Despite the fact that A.M. was two years older than M.L. the two girls had become best friends by the summer of 2004. Vol. 2 pp. 15, 67. M.L. did not, however, think of A.M. in a romantic or sexual way, Vol. 1 pp. 126-27; see also Vol. 4 pp. 31, 158, and roughly contemporaneous photographs of M.L. depict a sexually undeveloped little girl who was too physically immature for any form of sexual ideation. Ex. 74-75; Vol. 2 pp. 4-5; Vol. 4 p. 149.
A.M. lived near the L. family with her mother, Paula B.; sometimes A.M.'s older brother lived with them as well. Vol. 1 p. 121; Vol. 2 pp. 62-62-63; Vol. 4 pp. 142-43. In the summer of 2004 A.M. began to spend a great deal of time with the L. family and with Paula B.'s approval essentially moved in with them. Vol. 2 pp. 65-67; Vol. 4 pp. 121-22, 142-44; Joint Ex. 1 ¶ 3. She ate with the family, helped with household chores, and joined the family on outings, vacations, and in church. Vol. 2 pp. 65-67; Vol. 4 pp. 143-44. She also slept at the L. house almost every night that summer, sharing a room with N.L. and M.L. and sometimes sharing a bed with M.L. Vol. 1 pp. 120-22; Vol. 2 p. 77.
In the fall of 2004 A.M. was preparing to enter eighth grade and M.L. to enter sixth grade, both at the District's middle school. Vol. 2 p. 67. Shortly before classes were to begin, while M.L. and A.M. were sharing a bed, A.M. attempted to unbuckle and remove M.L.'s belt. Vol. 1 pp. 123, 125. M.L. woke up and turned away from A.M. Neither girl said anything and M.L. went back to sleep. Id. at 124. Although "shocked," M.L. did not tell anyone what had happened. Id.
From the time of her initial attempt to remove M.L's belt until January 18, 2005 A.M. kissed and fondled M.L., touched M.L.'s breasts, rubbed her crotch against M.L. and digitally penetrated M.L.'s vagina. Vol. 1 pp. 125-26; Vol. 3 p. 77. A.M. also "want[ed] to put her mouth on [M.L.'s] crotch," although the record does not indicate whether A.M. actually did so. Vol. 1 p. 147. These actions took place at M.L.'s house, A.M.'s house, and in a bathroom at the middle school. Id. at 44; Ex. 5 pp. 3-5. The encounters in the school bathroom were planned; A.M. would write M.L. a note and M.L. would meet her there. Vol. 1 p. 139. M.L. did not enjoy this contact and did not want it to happen she never wanted to have sex with A.M. Id. at 42-43, 128-29. Indeed, she asked A.M. to stop every time A.M. initiated sexual contact but A.M. never did and M.L. ultimately "just gave up." Vol. 1 pp. 54, 128-29; Vol. 3 p. 41. M.L. did not, however, tell anyone about A.M.'s actions because she did not want A.M. to "get in trouble." Vol. 1 pp. 54, 129; Vol. 2 p. 20; see also Ex. CC-20a (). Under the circumstances of this case M.L.'s failure to report A.M.'s activities was "a normal reaction...."5 Vol. 1 p. 108.
M.L.'s parents knew nothing of A.M.'s sexual aggression and continued to treat her like a member of their family. Joint Ex. 1 ¶¶ 4-5, 15. When Paula B. refused to accompany A.M. to the open house at the middle school in the fall of 2004, Dawn and Michael L. "went to all of [A.M.'s] teachers' classes and [they] were the parent [sic]." Vol. 2 p. 67. A.M. continued to call Dawn L.'s mother "gram" and "all of [the L.s'] extended family bought her gifts" at Christmas. Id. at 66. On one occasion, Christine Bulas, M.L.'s homeroom and language arts teacher, testified that she phoned Dawn L. to let her know "that A.M. was walking by [Bulas's] classroom trying to get M.L.'s attention...." Vol. 5 pp. 106-07. Ms. Bulas then testified that Dawn L. told Bulas that the two girls were friends and that A.M. "looked out" for M.L. Id. at 107; see also Joint Ex. 1 ¶ 5. Ms. Bulas could not, however, say when during the school year this exchange occurred; as will be obvious from the facts recited below, the Court finds that this conversation occurred before January 14, 2005.6
In December of 2004, Dawn L. received a phone call from James Mayes, M.L.'s science teacher, advising her that "he had found M.L. out in the hallway crying on a couple occasions," that "she wouldn't go into the cafeteria to eat," and that she refused to enter the cafeteria even if he offered to go with her. Vol. 2 pp. 73-74. He wanted Dawn L.'s permission get lunch for M.L. and take it to the middle school's office for M.L. to eat. Id. at 74. Dawn L. gave her permission, told Mr. Mayes about the possibility that M.L. had Asperger's syndrome, and asked Mr. Mayes to "keep [Dawn L.] posted."7 Id.
On the afternoon of January 13, 2005, Dawn L. was cleaning M.L.'s room and found a letter...
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