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ARTICLE ID 42248

$________ Title IX - Harassment of gay student by fellow students deprived him of educational opportunities and programs - Indifference by school district to complaints of harassment brought repeatedly by the student''s parents over the years.

U.S. District Court, District of Kansas

The plaintiff alleged that he was harassed by fellow students commencing in the seventh grade. The plaintiff alleged that the harassment was so extensive that it interfered with his education. The plaintiff further alleged that despite repeated complaints by the plaintiff’s parents to the school district, the district failed to take any action.

Commencing in seventh grade the male plaintiff alleged that he was repeatedly and aggressively harassed by fellow students. He alleged that he was called "fag", "faggot", "gay", "queer", "flamer", "masturbator boy" and several other names for a period of four years through two different school buildings. The plaintiff was harassed so violently that he got into fights, had a breakdown and was forced out of school and received his GED. The plaintiff alleged that his parents repeatedly complained to school officials from when the harassment began in person and in writing and even appeared before the school board but no effective steps were taken by the defendant to stop the harassment against the plaintiff.

The plaintiff brought suit against the defendant school district under Title IX for gender harassment which was so pervasive that the plaintiff was denied educational opportunities and programs within the school district which was exacerbated by the deliberate indifference by the school district.

The defendant maintained that the harassment was not due to the plaintiff’s gender. The defendant further asserted that the steps taken by the district to warn the offending students was reasonable under the circumstances. The defendant contended that the warned harassers did not repeat the conduct for the most part.

The trial lasted for five days. The jury deliberated for fourteen hours before delivering its verdict. The jury found in favor of the plaintiff and against the defendant school district. The jury awarded the plaintiff damages in the amount of $________.

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