Student Discrimination and Harassment – Hate Crime

Useful Rulings on Student Discrimination and Harassment – Hate Crime

Recent Rulings on Student Discrimination and Harassment – Hate Crime

JANE JB DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

However, such allegations are insufficient to state a cause of action under Education Code section 220. As such, Moving Defendants’ demurrer to the eleventh cause of action is sustained. Conclusion Moving Defendants’ demurrer is overruled as to the ninth cause of action and otherwise sustained. Jane JB Doe is given 30 days leave to amend. Moving Defendants are to give notice.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE JG DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

However, such allegations are insufficient to state a cause of action under Education Code section 220. As such, Moving Defendants’ demurrer to the eleventh cause of action is sustained. Conclusion Moving Defendants’ demurrer is overruled as to the ninth cause of action and otherwise sustained. Jane GJ Doe is given 30 days leave to amend. Moving Defendants are to give notice.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GISELLE L., ET AL. VS LOS ANGELES UNIFIED SCHOOL DISTRICT, ET AL.

Educ. Code 220 6. CC 1708.5 7.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

BELGYN S., ET AL. VS LOS ANGELES UNIFIED SCHOOL DISTRICT ,, ET AL.

Educ. Code 220 6. CC 1708.5 7.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

KIANI H, ET AL. VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A, ET AL.

Educ. Code 220 6. CC 1708.5 7.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

DOE V. SADDLEBACK VALLEY UNIFIED SCHOOL DISTRICT

(Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, 579; See also CACI 3069). Plaintiff alleges he is a disabled student who was diagnosed with Autism Spectrum Disorder. (¶16 of Complaint). Plaintiff alleges he was sexually assaulted by other students in his special needs class, who pulled down his pants and inappropriately touched him on his buttocks and crotch area in the boys’ restroom. (¶18 of Complaint).

  • Hearing

M.F. VS. CLAYTON VALLEY CHARTER

(Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, 579 (upholding jury verdict against school district for failing to take appropriate action after plaintiffs complained of being called “faggot” and “dyke” by other students and were subjected to threats of violence throughout their time in high school). An entity obtains the actual knowledge required by the second element from an “appropriate person”.

  • Hearing

DOE V. SADDLEBACK VALLEY UNIFIED SCHOOL DISTRICT

(Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, 579; See also CACI 3069). Plaintiff alleges he is a disabled student who was diagnosed with Autism Spectrum Disorder. (¶16 of Complaint). Plaintiff alleges he was sexually assaulted by other students in his special needs class, who pulled down his pants and inappropriately touched him on his buttocks and crotch area in the boys’ restroom. (¶18 of Complaint).

  • Hearing

PAUL A. VS. WCCUSD

A claim arising under Education Code section 220 is not listed in Government Code section 905. The Court concludes that the suit here is subject to the claims presentation requirement found in Government Code section 900 et seq. Substantial Compliance It is true that if a claim provides the public entity with timely notice of the nature of the claim, a court can decide that the claim substantially complied with the statutory requirements and should be treated as valid, despite technical deficiencies.

  • Hearing

Z.B., ET AL. VS BIRMINGHAM COMMUNITY CHARTER HIGH SCHOOL, ET AL.

In Donovan, the court held Education Code section 220 provides procedures for administrative enforcement. (Donovan v. Poway Unified School Dist. (2008) 167 Cal, App.4th 567, 603.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

JANE HC DOE, A MINOR BY AND THROUGH HER GAURDIAN AD LITEM KIM S. VS TORRANCE UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

., filed a complaint against Defendant Torrance Unified School District (“TUSD”) and Dalan Anthony Johnson for (1) negligence, (2) negligent supervision, (3) negligent failure to warn, train, or educate, (4) constructive fraud (Civil Code section 1573), (5) intentional infliction of emotional distress, (6) sexual abuse and harassment in the educational environment (Education Code section 220), (7) gender violence (Civil Code section 52.4), (8) sexual battery (Civil Code section 1708.5), and (9) sexual assault

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

(NO CASE NAME AVAILABLE)

., filed a complaint against Defendant Torrance Unified School District (“TUSD”) and Dalan Anthony Johnson for (1) negligence, (2) negligent supervision, (3) negligent failure to warn, train, or educate, (4) constructive fraud (Civil Code section 1573), (5) intentional infliction of emotional distress, (6) sexual abuse and harassment in the educational environment (Education Code section 220), (7) gender violence (Civil Code section 52.4), (8) sexual battery (Civil Code section 1708.5), and (9) sexual assault

  • Hearing

MARLENE GARCIA ET AL VS ROBERT J OWIECKI ET AL

Violation of Educ. Code § 220 Unless confidentiality is required by law, court records are presumed to be open to the public. (CRC § 2.550(c).) Therefore, pleadings, motions, discovery documents, and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. (CRC § 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 CA4th 879, 888.)

  • Hearing

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

JOHN AA DOE ET AL VS LOS ANGELES UNIFIED SCHOOL DISTRICT ET

However, such allegations are insufficient to state a cause of action under Education Code section 220. As such, Moving Defendants’ demurrer to the ninth cause of action is sustained. Thirteenth Cause of Action: Sex Trafficking Civil Code section 52.5 provides that “a victim of human trafficking, as defined in Section 236.1 of the Penal Code” may also bring a civil action for damages and other appropriate relief.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

A F VS LOS ANGELES UNIFIED SCHOOL DISTRICT ET AL

(Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, 579, [italics added].) “The elements ‘severe and pervasive’ harassment, ‘actual notice’ and ‘deliberate indifference,’ which govern an equal protection claim, are the same elements that apply to establish a claim for money damages under Title IX [Citations] and section 220.” (Id. at pp.608–609.) Defendant Kamiya contends that there is no evidence that she engaged in severe and pervasive discriminatory conduct.

  • Hearing

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

FAIR EDUCATION SANTA BARBARA, INC., ET AL. V. SANTA BARBARA UNIFIED SCHOOL DISTRICT, ET AL.

” ● On October 3, 2018, plaintiff’s counsel sent a further letter to SBUSD’s counsel describing how SBUSD and JCCC had violated numerous anti-discrimination statutes, including Education Code Section 220, but there was no response. (Scott Dec., ¶¶ 2, 3, 4, 5, 6, Exs. A, B, C, D.) Nowhere in this correspondence did SBUSD’s attorneys advise FESB of its need to pursue additional administrative remedies or that it could appeal SBUSD’s conclusion to the CDE.

  • Hearing

ASHLEY FOWLER VS CALIFORNIA COMMUNITY COLLEGES, ET AL.

Sixth Cause of Action Plaintiff alleges that GCCD violated Education Code section 220, a provision of the Sex Equity in Education Act, by failing to take appropriate steps to prevent Hayne’s sexual harassment. (FAC ¶¶ 70-71.)

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

M.F. VS. CLAYTON VALLEY CHARTER

(Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, 579 (upholding jury verdict against school district for failing to take appropriate action after plaintiffs complained of being called “faggot” and “dyke” by other students throughout their time in high school and were subjected to threats of violence).

  • Hearing

FAIR EDUCATION SANTA BARBARA, INC., ET AL. V. SANTA BARBARA UNIFIED SCHOOL DISTRICT, ET AL.

The plaintiffs asserted claims against the district under Education Code section 220, title 42 United States Code section 1983, and Civil Code sections 51 and 52 (Unruh Act.) (Id. at p. 584.) With respect to the section 220 claim, the plaintiffs alleged that the district did not have an adequate or effective policy to ensure that the high school was safe for gay or lesbian students. (Ibid.)

  • Hearing

DOE VS CORONA-NORCO UNIFIED SCHOOL DISTRICT

However, the Court of Appeal applied Education Code section 220 to harassment in Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567 (Donovan). Defendant argues that Plaintiff has not alleged that, because of her gender, Plaintiff suffered severe, pervasive, and offensive harassment that effectively deprived her of equal access to educational benefits and opportunities within the meaning of Donovan. Plaintiff alleges harassment based on her gender.

  • Hearing

A G VS COVINA VALLEY UNIFIED SCHOOL DISTRICT ET AL

(Educ. Code § 220; Donovan v. Poway Unif. Sch. Dist. (2008) 167 Cal.App.4th 567, 579.). Defendants have attempted to meet their burden under section § 437c by presenting facts showing that the school did not have knowledge of the harassment, nor did it participate in discriminating against Plaintiff. Plaintiff only informed Defendant Burciaga of being teased after the police were notified. (DSS 14, 24, 38, 47.)

  • Hearing

J.O. DOE, ET AL VS ANTELOPE VALLEY UNION HIGH SCHOOL DISTRIC

On May 08, 2019, AVUHSD brought the instant motion for judgment on the pleadings as to Plaintiff’s Second Cause of Action for Sexual Harassment and Retaliation (Edu. Code § 220 et seq.). AVUHSD argues that Plaintiff may not recover on this cause of action since he failed to comply with claim presentation requirements pursuant to Gov. Code §§ 900, 901, 910, 911.2, 911.4, 945.4, and 945.6. 5. Plaintiff filed opposition on May 31, 2019. AVUHSD replied on June 06, 2019. 6.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JOHN RD DOE ET AL VS HAYNES FAMILY OF PROGRAMS INC ET AL

(Educ. Code 220.) Paragraph 193 alleges that plaintiff John Doe was harmed by being subjected to harassment because of his gender. Paragraph 156 alleges that defendant knew that co-defendant Ramirez befriended and began grooming plaintiff John Doe on defendant’s van and on campus, and at least one of defendant’s employee had noticed such behavior before and during the ongoing sexual harassment. Paragraph 196-201 allege plaintiff John Doe’s injury. The demurrer is OVERRULED.

  • Hearing

MARLENE GARCIA ET AL VS ROBERT J OWIECKI ET AL

.); and (11) violation of Education Code Section 220. Plaintiffs move, pursuant to Code of Civil Procedure Section 2025.480, to compel the oral depositions of the following employees of Defendant Whittier City School District: Antonia Ruiz, Beatriz Mora, Cassondra Mojica, Frances Stearns, Jeff Rivo, Raquel Gasporra, Raul Lopez, Raymond Louis Espinoza, Rebecca Meza, Ruby Soto, and Wendy Nelson.

  • Hearing

MEENA ZAREH M D VS COUNTY OF LOS ANGELES ET AL

(Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, 579, 587 (Donovan).)[4] The “deliberate indifference” standard is the same standard applied for federal Title IX claims. (Donovan, 167 Cal.App.4th at pp. 605-606 [concluding the Legislature intended to apply Title IX standards of liability to apply to a section 220 claim for money damages].)

  • Hearing

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