Donovan v. Poway Unified School Dist.
| Decision Date | 10 October 2008 |
| Docket Number | No. D047199.,D047199. |
| Citation | 167 Cal.App.4th 567,84 Cal. Rptr. 3d 285 |
| Court | California Court of Appeals Court of Appeals |
| Parties | MEGAN DONOVAN et al., Plaintiffs and Appellants, v. POWAY UNIFIED SCHOOL DISTRICT et al., Defendants and Appellants. |
Rosenstein, Wilson & Dean, Paula S. Rosenstein, Bridget J. Wilson; Lambda Legal Defense & Education Fund, Inc., F. Brian Chase and Hayley Gorenberg for Plaintiffs and Appellants.
Farmer, Murphy, Smith & Alliston, Murphy, Campbell, Guthrie & Alliston, George E. Murphy, Suzanne M. Nicholson; Stutz, Artiano, Shinoff & Holtz, Jeffery A. Morris, Daniel R. Shinoff and Paul V. Carelli IV for Defendants and Appellants.
Section 220 of the California Education Code1 prohibits discrimination based on a number of protected characteristics, including sexual orientation, in any program or activity conducted by an educational institution "that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid." In this case, we are called on to determine (1) the elements of a claim under section 220 brought by students against a publicly funded school district for its response to peer sexual orientation harassment suffered by the students while on campus, and (2) whether money damages are available in a private enforcement action under section 262.3, subdivision (b).
We conclude that to prevail on a claim under section 220 for peer sexual orientation harassment, a plaintiff must show (1) he or she suffered "severe, pervasive and offensive" harassment that effectively deprived the plaintiff of the right of equal access to educational benefits and opportunities; (2) the school district had "actual knowledge" of that harassment; and (3) the school district acted with "deliberate indifference" in the face of such knowledge. We further conclude that from the words of section 262.3, subdivision (b), as well as from other markers of legislative intent, money damages are available in a private enforcement action under section 220. Therefore, for reasons we shall explain, we affirm the judgment for plaintiffs.
Plaintiffs Joseph Ramelli and Megan Donovan started as freshmen in 2000 at Poway High School (PHS). Each endured "severe, pervasive and offensive" peer sexual orientation harassment while attending PHS. This harassment, which peaked during their junior year, included, for example, death threats; being spit on; physical violence and threats of physical violence; vandalism to personal property; and being subject to antigay epithets such as "fag," "faggot," "fudge packer," "dyke" and "fucking dyke." Both students completed their senior year at PHS through an independent study program offered by the Poway Unified School District (District).
Before filing a lawsuit, plaintiffs and their parents met with defendant Scott Fisher, the PHS principal. Plaintiffs each gave Fisher a log chronicling the harassment they had experienced and/or witnessed during their junior year at PHS. Plaintiffs also complained to defendant Donald Phillips, the superintendent of the District, and to defendant Ed Giles, an assistant principal at PHS, among many other administrators and teachers, about the peer sexual orientation harassment they were enduring at PHS.
The District claims it adequately responded to the harassment experienced by plaintiffs, that plaintiffs provided insufficient information for the District to determine which students on campus were responsible for the harassment, and that plaintiffs rejected various options suggested by the District in response to the harassment. Plaintiffs claim the District's response to the peer sexual orientation harassment was legally insufficient and that despite their complaints they continued to experience severe peer harassment when on campus. Plaintiffs thus sued, alleging both state and federal causes of action.
After a six-week trial, the jury returned a verdict finding (1) the District violated section 220, (2) Fisher and Giles violated Ramelli's rights under the equal protection clause of the United States Constitution, (3) Fisher alone violated Donovan's rights under the equal protection clause of the United States Constitution, and (4) Phillips was not liable. The jury awarded Ramelli and Donovan damages of $175,000 and $125,000, respectively. By stipulation of the parties, the court entered judgment against the District, Fisher and Giles in favor of Ramelli, and against the District and Fisher in favor of Donovan.
On appeal the District argues the trial court erroneously instructed the jury in connection with the section 220 claim by applying negligence principles derived from the California Fair Employment and Housing Act, Government Code section 12900 et seq. (FEHA), instead of the more stringent elements of liability derived from title IX of the Education Amendments of 1972 (Pub.L. No. 92-318 (June 23, 1972) 86 Stat. 235) (Title IX). Defendants further argue there is no substantial evidence to support the jury's verdict against them.
In their cross-appeal, plaintiffs argue the trial court abused its discretion by refusing to award them attorney fees under Code of Civil Procedure section 1021.5, despite obtaining an award of attorney fees under title 42 United States Code section 1988(b), using a multiplier to increase the award in excess of the lodestar figure.
After the case was fully briefed, we ordered the parties to lodge the legislative history of myriad bills enacting or amending provisions of California's antidiscrimination in education law. Based on this legislative history, and the language of the enforcement provisions within that law, in particular sections 262.3 and 262.4, we requested supplemental briefing from the parties regarding whether money damages were available in a private enforcement action under section 220.
We conclude the Legislature intended Title IX's elements to govern an action under section 220. We further conclude the Legislature intended money damages to be available in a private enforcement action. Although the trial court erred by applying the elements of liability from FEHA and not Title IX when it instructed the jury under section 220, we conclude that error is harmless. As the District notes, the elements of liability in connection with plaintiffs' equal protection claims against Fisher are the same elements that apply in a Title IX action for money damages, which we hold also govern a private suit for damages under section 220.
(1) As the PHS principal, Fisher was an "`appropriate person'" to act on behalf of the District to "address the alleged discrimination and to institute corrective measures" to end the discrimination. (Gebser v. Lago Vista Independent School Dist. (1998) 524 U.S. 274, 290-291 [141 L.Ed.2d 277, 118 S.Ct. 1989] (Gebser).) Thus, the jury's findings in connection with Fisher also support holding the District liable under section 220 for its own wrongdoing based on its legally insufficient response to the harassment, and not, as we shall discuss, based on principles of respondeat superior and/or constructive notice. Because we conclude the record contains substantial evidence to support the jury's findings, we affirm the judgment against defendants.
Finally, we conclude the trial court did not abuse its discretion when it awarded plaintiffs attorney fees under title 42 United States Code section 1988(b), and not under Code of Civil Procedure section 1021.5.
When findings of fact are challenged on appeal, we are bound by the substantial evidence rule, which requires us to review the entire record to determine whether substantial evidence supports the appealed judgment. (Winograd v. American Broadcasting Co. (1998) 68 Cal.App.4th 624, 632 .) In so doing, we "view the evidence in the light most favorable to the prevailing party, giving it the benefit of every reasonable inference and resolving all conflicts in its favor in accordance with the standard of review so long adhered to by this court." (Jessup Farms v. Baldwin (1983) 33 Cal.3d 639, 660 [190 Cal.Rptr. 355, 660 P.2d 813].) If the record demonstrates substantial evidence in support of the judgment, we must affirm even if there is substantial contrary evidence. (Bowers v. Bernards (1984) 150 Cal.App.3d 870, 874 (Bowers).)
In Ramelli's freshman and sophomore years, students frequently made antigay remarks directly to him or in his presence, using names such as "fag," "faggot," "queer," "homo" and "fudge packer." Ramelli heard these words used in the "halls, the quad, the classrooms, just about anywhere you go" on campus. He was offended by these slurs and they made him feel insecure at school. Toward the end of his freshman year, students threatened Ramelli in physical education class while he was changing his clothes because he was gay or perceived to be gay.
In the beginning of his sophomore year, Ramelli witnessed a student, Joseph S., whom he had met while attending Gay-Straight Alliance meetings on campus during his freshman year, being badly beaten on campus by another PHS student, presumably because he was gay. This student had previously spoken to Ramelli and others about the antigay peer harassment he was experiencing at PHS.
Ramelli described his junior year as "hell" because of the antigay peer harassment to which he was subjected at PHS. Because he felt the harassment "coming directly" at him "on a more continuous basis," Ramelli was scared at school. The harassment occurred "almost every single day," both inside and outside the classroom. Ramelli told several teachers and administrators, including Fisher and Giles, about the antigay harassment, but it did not stop.
In addition to the antigay language directed at him or witnessed by him "on a more continuous basis," during his junior year, Ramelli was shoved into the lockers...
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... ... (1969) 1 Cal.App.3d 308, 314, 315.)" (Accord, e.g., Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, ... ...