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His fellow students harassed him for the next three-and-a-half years. He brought this action below, contending that the District was deliberately indifferent to his harassment. The district court Davison, Mag. The District appeals. We affirm. We construe the facts in the light most favorable to Anthony. See, e. Benjamin Enters. He enrolled at SMHS, a racially homogenous school where minorities represented less than five percent of the student population. For the several years preceding Anthony's enrollment, SMHS was devoid of bias-related disciplinary incidents.
Howe told Mrs. For the rest of the year, Anthony was subjected to numerous racial comments and harassment at the school. For example, a student stripped a necklace from Anthony's neck, breaking it. Anthony repeatedly reported the incidents to school officials. Zeno wrote to District Superintendent Dr. Kaumeyer neither offered to meet with Mrs. Zeno nor informed Howe of the letter. Beyond disciplining each student involved in incidents during this semester with a warning or suspension, the District did not implement other remedial measures in response to the student harassment of Anthony.
In addition to the pervasive hallway harassment reported by Anthony, specific incidents revealed escalating racial tensions at SMHS.
Go back to where you came from. Anthony, like many of his peers, received a copy. Harassment of Anthony continued the following semester. In Januarya faculty member reported frequent racial comments in Anthony's art class. When Anthony later opened his locker, the metal door fell off, hitting him on the head. The students had also filled the locker with garbage, which spilled onto Anthony and the floor. Moreover, on at least two separate occasions, students taunted Anthony in a racial manner with references to lynching—displaying a noose or threatening to take a rope to the nearest tree.
In response to these incidents, the District suspended the students involved, typically for five days. Twice, Anthony obtained Orders of Protection. The District moved one Adult want sex Pine Plains to another school. During his sophomore year, Anthony faced additional harassment, which he repeatedly reported to school officials.
Similarly, by letter to Superintendent Kaumeyer dated September 19,Mrs. Kaumeyer did not call or meet with Mrs. Zeno, but she responded in writing. Principal Howe responded by asking staff members and teachers to keep an eye on Anthony and to reach out to him. In addition, the Zenos' lawyer and members of the community notified the District about the harassment. In OctoberMarilynn A. Sussman, also contacted the District. Sussman asked SMHS to do two things: 1 provide Anthony with a shadow, who would accompany him at school, and 2 implement racial sensitivity programs to underscore the District's zero tolerance of racism and bias.
At both meetings, Vetrano and Maxey reiterated the Zenos' requests for a shadow and racial sensitivity programs. In addition, they offered to provide these options at no cost. The District, however, declined to as Anthony a shadow and chose not to implement the HRC's training program. After meeting with Vetrano and Maxey, Howe discussed Anthony's progress and transition to the District with his teachers. There have been numerous incidents between Anthony and others with prejudicial or racial overtones.
At this meeting, Mrs. Zeno also raised additional concerns regarding the bias Anthony continued to encounter at school.
Stoorvogel was also part of a group which included Kaumeyer and other District-wide administrators that met on a biweekly basis to discuss issues of internal importance. Throughout Anthony's sophomore year—even after the graffiti on the bathroom wall, the comments about lynching, the noose, and other incidents—the administrators never discussed racial harassment, generally, or Anthony, specifically.
In Februarythe District coordinated a mediation between Mrs. Zeno and Anthony's antagonists and their respective parents. The District neglected, however, to notify Mrs. Zeno of the date or time of the mediation, and she did not attend. Moreover, the prospective mediator was not trained in bias awareness or diversity, issues at the core of the harassment.
The District also implemented separate one-day programs for faculty and staff, students, and parents, run by McGrath Training Systems. The District never implemented discrimination- bias- diversity- or race-specific programs during the — academic year. In the fall ofAnthony was subjected to more hallway harassment in school.
Zeno again contacted Kaumeyer, by letter dated October 24,hoping to discuss solutions to her son's continued harassment. Kaumeyer again did not call Mrs. Zeno or meet with her, but she responded in writing a few days later. Anthony threw a punch. The District punished Anthony, but not the instigator. The District responded by hiring James Childs of JaRa Consulting, who planned to conduct student focus groups, administer surveys, and meet with staff, parents, and community members to increase diversity awareness.
Childs was also supposed to train faculty and staff on Adult want sex Pine Plains importance of acknowledging racial diversity and recognizing racial stereotypes, and to train students on diversity issues. During the entire school year, however, Childs only did preliminary work and held no training sessions. When incidents did occur, however, they were serious.
Off-duty officers broke up the fight. The student who choked Anthony's friend ultimately received a 45—day suspension. During the — academic year, Childs's preliminary work finally resulted in sensitivity training sessions for students. Students were randomly selected to participate but could opt out.
Finally, on two occasions, the District invited Camfel Productions to produce student assemblies addressing character education. These assemblies focused on respect, bullying, prejudice, and decision making, and also discussed racism and racial harassment. At the beginning of his fourth year, Anthony and his family faced a choice. Anthony was short of the credits required to graduate. He was entitled to stay in the District until he turned twenty-one and try to satisfy the Regents diploma requirements.
Based on his historic progress, however, it was unclear whether, even with more time, Anthony could earn the requisite credits in math. Rather than endure further harassment and try to graduate with a Regents diploma, Anthony could also accept an IEP diploma. Students with IEP diplomas can attend certain community colleges, but employers, the military, four-year colleges, apprenticeship programs, and business or trade schools generally do not accept them.
Zeno met with Howe between thirty and fifty times. The school never offered proactive solutions; on the contrary, Howe told Mrs. Zeno that he was unsure of how to keep Anthony safe on a daily basis.
His education at the District was complete. On July 18,Anthony commenced this action against the District alleging discrimination in violation of Title VI. After discovery, the District moved for summary judgment. The district court denied the motion on May 20, Trial commenced on March 8, After Anthony rested, the District orally moved for judgment as a matter of law. The court denied the motion, ruling from the bench. On April 13,the District renewed its earlier motion for judgment as a matter of law, and also moved for a new trial, a new trial limited to damages, or a remittitur of the jury award.
The District filed its notice of appeal on September 3, The District advances two principal arguments on appeal. First, it contends that the district court erred by denying its motion for judgment as a matter of law. Second, and in the alternative, it argues that the damages award, as reduced, was still excessive. We address both of these arguments in turn. The District contends that, as a matter of law, it was not deliberately indifferent to student harassment of Anthony.
Specifically, it argues that 1 it reasonably responded to each reported incident, 2 it was under no obligation to implement the reforms requested by Anthony's lawyer, and 3 it never knew that its responses were inadequate or ineffective. Hence, it asserts that, on the record presented, no reasonable jury could have returned a finding Adult want sex Pine Plains liability.
We disagree. We review de novo a district court's denial of a judgment as a matter of law.Adult want sex Pine Plains
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