Davis Ex Rel. LaShonda D. v. Monroe County Board of Education

526 U.S. 629, 119 S. Ct. 1661, 143 L. Ed. 2d 839, 12 Fla. L. Weekly Fed. S 280, 99 Daily Journal DAR 4931, 67 U.S.L.W. 4329, 1999 Colo. J. C.A.R. 2948, 99 Cal. Daily Op. Serv. 3861, 1999 U.S. LEXIS 3452
Supreme Court of the United States·Decided May 24, 1999·No. 97-843·Published·Cited by 1,709 cases

Opinions

Justice O’Connor

delivered the opinion of the Court.

Petitioner brought suit against the Monroe County Board of Education and other defendants, alleging that her fifth-grade daughter had been the victim of sexual harassment by another student in her class. Among petitioner’s claims was a claim for monetary and injunctive relief under Title IX of [633]*633the Education Amendments of 1972 (Title IX), 86 Stat. 373, as amended, 20 U. S. C. § 1681 et seq. The District Court dismissed petitioner’s Title IX claim on the ground that “student-on-student,” or peer, harassment provides no ground for a private cause of action under the statute. The Court of Appeals for the Eleventh Circuit, sitting en banc, affirmed. We consider here whether a private damages action may lie against the school board in cases of student-on-student harassment. We conclude that it may, but only where the funding recipient acts with deliberate indifference to known acts of harassment in its programs or activities. Moreover, we conclude that such an action will lie only for harassment that is so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.

Petitioner’s Title IX claim was dismissed under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be granted. Accordingly, in reviewing the legal sufficiency of petitioner’s cause of action, “we must assume the truth of the material facts as alleged in the complaint.” Summit Health, Ltd. v. Pinhas, 500 U. S. 322, 325 (1991).

A

Petitioner’s minor daughter, LaShonda, was allegedly the victim of a prolonged pattern of sexual harassment by one of her fifth-grade classmates at Hubbard Elementary School, a public school in Monroe County, Georgia. According to petitioner’s complaint, the harassment began in December 1992, when the elassmate, G. F., attempted to touch LaShon-da’s breasts and genital area and made vulgar statements such as “ T want to get in bed with you’ ” and “ T want to feel your boobs.’” Complaint ¶7. Similar conduct allegedly occurred on or about January 4 and January 20, 1993. Ibid. LaShonda reported each of these incidents to her [634]*634mother and to her classroom teacher, Diane Fort. Ibid. Petitioner, in turn, also contacted Fort, who allegedly assured petitioner that the school principal, Bill Querry, had been informed of the incidents. Ibid. Petitioner contends that, notwithstanding these reports, no disciplinary action was taken against G. F. Id., ¶ 16.

G. F/s conduct allegedly continued for many early February, G. F. purportedly placed a door stop in his pants and proceeded to act in a sexually suggestive manner toward LaShonda during physical education class. Id., ¶ 8. LaShonda reported G. F.’s behavior to her physical education teacher, Whit Maples. Ibid. Approximately one week later, G. F. again allegedly engaged in harassing behavior, this time while under the supervision of another classroom teacher, Joyce Pippin. Id., ¶ 9. Again, LaShonda allegedly reported the incident to the teacher, and again petitioner contacted the teacher to follow up. Ibid.

Petitioner alleges that G. F. once more harassing conduct toward LaShonda in physical education class in early March, and that LaShonda reported the incident to both Maples and Pippen. Id., ¶ 10. In mid-April 1993, G. F. allegedly rubbed his body against LaShonda in the school hallway in what LaShonda considered a sexually suggestive manner, and LaShonda again reported the matter to Fort. Id., ¶ 11.

The string of incidents finally G. F. was charged with, and pleaded guilty to, sexual battery for his misconduct. Id., ¶ 14. The complaint alleges that LaShonda had suffered during the months of harassment, however; specifically, her previously high grades allegedly dropped as she became unable to concentrate on her studies, id., ¶ 15, and, in April 1993, her father discovered that she had written a suicide note, ibid. The complaint further alleges that, at one point, LaShonda told petitioner that she “‘didn’t know how much longer she could keep [G. F.] off her.”’ Id., ¶ 12.

[635]*635Nor was LaShonda G. F.’s only victim; it is alleged that other girls in the class fell prey to G. F.’s conduct. Id., ¶ 16. At one point, in fact, a group composed of LaShonda and other female students tried to speak with Principal Querry about G. F.’s behavior. Id., ¶ 10. According to the complaint, however, a teacher denied the students’ request with the statement, “‘If [Querry] wants you, he’ll call you.’” Ibid.

Petitioner alleges that no disciplinary action was taken in response to G. F.’s behavior toward LaShonda. Id., ¶ 16. In addition to her conversations with Fort and Pippen, petitioner alleges that she spoke with Principal Querry in mid-May 1993. When petitioner inquired as to what action the school intended to take against G. F., Querry simply stated, “ ‘I guess I’ll have to threaten him a little bit harder.’ ” Id., ¶ 12. Yet, petitioner alleges, at no point during the many months of his reported misconduct was G. F. disciplined for harassment. Id., ¶ 16. Indeed, Querry allegedly asked petitioner why LaShonda “‘was the only one complaining.’” Id., ¶ 12.

Nor, according to the complaint, was any effort made to separate G. F. and LaShonda. Id., ¶ 16. On the contrary, notwithstanding LaShonda’s frequent complaints, only after more than three months of reported harassment was she even permitted to change her classroom seat so that she was no longer seated next to G. F. Id., ¶ 13. Moreover, petitioner alleges that, at the time of the events in question, the Monroe County Board of Education (Board) had not instructed its personnel on how to respond to peer sexual harassment and had not established a policy on the issue. Id., ¶ 17.

B

On May 4,1994, petitioner filed suit in the United States District Court for the Middle District of Georgia against the Board, Charles Dumas, the school district’s superintendent, and Principal Querry. The complaint alleged that the Board [636]*636is a recipient of federal funding for purposes of Title IX, that “[t]he persistent sexual advances and harassment by the student G. F. upon [LaShonda] interfered with her ability to attend school and perform her studies and activities,” and that “[t]he deliberate indifference by Defendants to the unwelcome sexual advances of a student upon LaShonda created an intimidating, hostile, offensive and abus[ive] school environment in violation of Title IX.” Id., ¶¶27, 28. The complaint sought compensatory and punitive damages, attorney’s fees, and injunctive relief. Id., ¶ 32.

The defendants (all respondents petitioner’s complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be granted, and the District Court granted respondents’ motion. See 862 F. Supp. 363, 368 (MD Ga. 1994).

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Davis Ex Rel. LaShonda D. v. Monroe County Board of Education, 526 U.S. 629, 119 S. Ct. 1661, 143 L. Ed. 2d 839, 12 Fla. L. Weekly Fed. S 280, 99 Daily Journal DAR 4931, 67 U.S.L.W. 4329, 1999 Colo. J. C.A.R. 2948, 99 Cal. Daily Op. Serv. 3861, 1999 U.S. LEXIS 3452 (1999).

526 U.S. 629 (Davis Ex Rel. LaShonda D. v. Monroe County Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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