25 Fla. L. Weekly Fed. C1493a
I. FACTUAL BACKGROUND
A. The Parties
1. CJC’s Recorded Disciplinary History Prior to January
2. Propositioning Girls to Have Sex in Bathrooms in January
As you may be aware, my law firm represents [Doe] as a result of personal injuries resulting from an incident which occurred on January 22, 2010 at Sparkman Middle School. We specifically request that the following evidence be maintained and preserved and not be destroyed, modified, altered, repaired, or changed in any matter [sic]:
1. Any videos or documents pertaining to the above referenced incident.
2. Any communications, including e-mails, regarding the incident.
II. PROCEDURAL HISTORY
A. Doe’s Complaint
III. STANDARD OF REVIEW
“[F]unding recipients are properly held liable in damages only where they are deliberately indifferent to sexual harassment, of which they have actual knowledge, that is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.”
1. Is the Board a Title IX funding recipient?
2. Did the Board have actual knowledge of the sexual harassment and discrimination Doe faced?
3. Was the sexual harassment and discrimination Doe faced, of which the Board had knowledge, severe, pervasive, and objectively offensive?
4. Was the Board deliberately indifferent to the sexual harassment and discrimination Doe faced?
5. Did the Board’s deliberate indifference to the harassment and discrimination effectively bar Doe’s access to an educational opportunity or benefit?