School District Liable in Anti-Semitic Bullying Case

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In the case of T.E. v. Pine Bush Center School District, five Jewish students sued their school District and administrators for civil rights and equal protection violations. The students claim are based on anti-Semitic harassment they allegedly suffered while enrolled in school. The school district moved for summary judgment. The student’s allegations catalogue years of harassment at the hands of their fellow students.

The Legal Issues

Title VI of the Civil Rights Act of 1964 prohibits a recipient of federal funds from discriminating on the basis of race, color, or national origin. The United States Department of Education's regulations regarding Title VI further state that a recipient of federal funds may not, on ground of race, color, or national origin restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or benefit under the program. A school district exercises substantial control over the circumstances of the harassment when it occurs during school hours and on school grounds. Similarly, a school district's authority to take remedial action lies in its longstanding disciplinary oversight over its students. The Second Circuit has articulated the circumstances under which a school district may be held civilly liable for its deliberate indifference to student-on-student harassment under Title VI. Such liability only arises if the students can establish: (1) the school had substantial control over the situation, (2) the students suffered severe and discriminatory harassment, (3)the school had actual knowledge of this anti-Semitic, and (4)displayed deliberate indifference in their response to the harassment. To hold the school district liable under Title VI of the Civil Rights Act of 1964, the students must demonstrate that the school district actually knew of the harassment. This means that a school official who at a minimum has authority to address the alleged harassment and to institute corrective measures on the school district's behalf must have actual knowledge of student-on-student harassment in order for the district to be liable.

The Court's Conclusion

Summary judgment was denied on claims under Title VI of the Civil Rights Act of 1964, , as a reasonable jury could find not only that a school district failed to adequately respond to specific incidents of reported harassment, but that it failed to take steps necessary to combat the atmosphere of anti-Semitism that permeated the district's schools. With respect to their Equal Protection claims, the students provided facts that could support a conclusion that a superintendent and principals were deliberately indifferent to the anti-Semitic harassment.

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: T.E. v. Pine Bush Cent. Sch. Dist., 58 F. Supp. 3d 332, 2014 U.S. Dist. LEXIS 155808 (S.D.N.Y. 2014)