Student Discrimination and Harassment – Hate Crime

Useful Resources for Student Discrimination and Harassment – Hate Crime

Rulings on Student Discrimination and Harassment – Hate Crime

WU VS. WEST CONRA COSTA USD

(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). A claim under section 220 is statutory and thus must be pleaded specifically. (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.)

  • Hearing

    Dec 03, 2020

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

    Sep 14, 2020

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

    Aug 31, 2020

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

    Aug 12, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

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

    Sep 11, 2020

E F ET AL VS LONG BEACH UNIFIED SCHOOL DISTRICT

(Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, 579.) LBUSD argues the evidence reflects that it was not aware of “severe, pervasive and offensive” harassment.” The issue is improperly framed as “Plaintiff cannot meet her burden” of demonstrating this element. On summary judgment the issue is not whether Plaintiff can establish an element until the moving burden of negating the element has been met.

  • Hearing

    Nov 27, 2018

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

Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, 579. Here, however, there are no factual allegations that demonstrate that the District had actual knowledge of Ramirez’s alleged sexual misconduct; as such, District’s demurrer to the tenth cause of action is sustained.

  • Hearing

    Oct 15, 2018

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

    Sep 30, 2019

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

Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, 579. Haynes argues that this cause of action fails, because the criminal complaint reflects that the incidents occurred in San Bernardino County, where plaintiffs reside, and that, as such, none of the alleged sexual misconduct could have occurred on its campus. This is a factual issue inappropriate for resolution at demurrer.

  • Hearing

    Oct 22, 2018

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

    Aug 20, 2020

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

    Feb 20, 2019

JOSIAH S. VS. PITTSBURG U.S.D.

However, Education Code Section 220 prohibits discrimination based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic contained in the definition of hate crimes in Penal Code Section 422.55 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. This appears to be a mandatory duty.

  • Hearing

    Apr 12, 2017

DOE VS SAN DIEGO UNIFIED SCHOOL DISTRICT

The analysis would be the same under Education Code section 220 (Eighth Cause of Action). Under that section, Plaintiff must produce evidence that ( 1) he suffered severe or pervasive harassment that denied him equal access to education; (2) the District had actual knowledge of Sutton's harassment; and (3) the District's response to knowledge of the harassment "was clearly unreasonable in light of all the known circumstances." See CACI Jury Instruction No. 3069; Videckis v.

  • Hearing

    Jan 24, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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

    Jan 06, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

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

    Aug 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

A G VS COVINA VALLEY UNIFIED SCHOOL DISTRICT ET AL

Instead, Plaintiffs focus on only three statutes: Educ. Code 220, 234, and 234.1. (Opposition, 5:26-6:8.) Educ.

  • Hearing

    Feb 05, 2018

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

    Dec 06, 2019

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

    Jan 14, 2020

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

    Jul 17, 2020

  • 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

    Jul 06, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

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

    Jan 31, 2019

DE MAGALHAES VS REGENTS OF THE UNIVERSITY OF CALIFORNIA

In her opposition, plaintiff contends the count is premised on Labor Code section 1102.5, the FEHA, and Education Code section 220. These statutes are not identified in count 4. As for Labor Code section 1102.5, it protects employees who disclose reasonably based suspicions of illegal activity to a government or law enforcement agency. See Green v Ralee Engineering Co. (1988) 19 Cal.4th 66, 77.

  • Hearing

    May 02, 2018

  • Type

    Employment

  • Sub Type

    Other Employment

(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

    Aug 05, 2020

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

    Jul 21, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

TARON MALKHASHYAN VS LOS ANGELES UNIFIED SCHOOL DISTRICT ET

Education Code section 220 prohibits discrimination on the basis of a number of characteristics such as disability, gender, and sexual orientation. The SAC in no way alleges that plaintiff was discriminated against on any of these characteristics. Education Code section 44807 states that “[e]very teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess.” This does not apply to the robotics competition.

  • Hearing

    May 17, 2018

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