851 F. Supp. 2d 207
D. Mass.2012Background
- Van Amburgh was hired as Palmer High School guidance counselor in 2005 and as an assistant football coach in 2006.
- In 2006 a police investigation alleged Van Amburgh had sex with a student; he admitted to improper boundaries but denied sexual activity.
- Plaintiff Jane Doe, a seventeen-year-old senior and a school athlete, began a relationship with Van Amburgh in October 2008.
- Defendants allegedly knew of prior misconduct and failed to investigate or discipline Van Amburgh adequately.
- DOE revoked Van Amburgh’s educator license after investigations; Plaintiff filed a MCAD complaint and then this § 1983/Title IX/state-law action seeking damages and other relief.
- The court granted in part and denied in part the motions to dismiss, allowing some § 1983/Title IX claims to proceed while dismissing others.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 151C claims may proceed via 214(1C) or 151C(3)(a) for a non-student | Doe may pursue 151C §2(g) via either 214(1C) or 151C §3(a) | 214(1C) does not duplicate 151C and 151C §3(a) applies only to students | Plaintiff must proceed under 214(1C); Count I dismissed against all Defendants |
| Whether public schools are within 151C’s educational institutions for 214 claims | Palmer High School qualifies as an educational institution; 214(1C) allows claims | Palmer High is not an educational institution under 151C | Public secondary schools are educational institutions; 214 claims may proceed against Town and School Committee but not against individual officials in their personal capacity |
| Whether §1983 claims survive against municipal/school officials and Van Amburgh | Harassment of a student can violate substantive due process; §1983 applies to all defendants | Some officials/supervisors cannot be held liable; Monell requirements and color-of-law issues apply | §1983 claims survive against Town, School Committee, Fournier, Rathbone, and Van Amburgh to the extent based on substantive due process; one must proceed through discovery on supervisors' liability |
| Whether Title IX claim survives given deliberate indifference standard | Defendants had actual knowledge and were deliberately indifferent to discrimination | Challenging the sufficiency of evidence of deliberate indifference | Count V survives; Title IX claim denied in dismissal analysis. |
Key Cases Cited
- Doe v. Taylor Indep. Sch. Dist., 15 F.3d 443 (5th Cir. 1994) (bodily integrity rights of a student vs. teacher conduct)
- Chancellor v. Pottsgrove Sch. Dist., 501 F. Supp. 2d 695 (E.D. Pa. 2007) (consensual student-teacher sexual relationship may support due process claim)
- Monell v. Dep’t of Soc. Servs. of N.Y.C., 436 U.S. 658 (1989) (municipal liability requires policy or custom; not vicarious liability)
- Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998) (deliberate indifference standard for Title IX supervisory liability)
- Barnes v. Gorman, 536 U.S. 181 (2002) (punitive damages not available under Title IX breach remedies; 1983/state-law may permit)