Jfk Ex Rel. Okk v. Troup County School Dist.
678 F.3d 1254
11th Cir.2012Background
- Plaintiffs appeal a district court grant of summary judgment on Title IX sexual harassment claims against Troup County School District and Principal Whatley over teacher Gaddy's conduct toward O.K.K.
- Whatley had authority to take corrective measures in response to notice of harassment; district court erred in standard used for notice.
- Whatley learned of multiple complaints and concerning conduct (texts, gifts, pool party, cheerleader issues) involving Gaddy, but not a clear pattern of sexual harassment toward O.K.K.
- Gaddy's conduct included texting, inappropriate attention, and physical proximity; several teachers/parents raised concerns to Whatley from Jan–Oct 2008.
- Whatley banned Gaddy from the eighth-grade hall and later meetings occurred; parents did not inform him of sexual abuse or explicit harassment toward O.K.K.
- Court holds the record does not show Whatley had actual notice sufficient to alert to the possibility of sexual harassment toward O.K.K., affirming the grant of summary judgment for defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Title IX standard was misapplied by the district court | J.F.K. argues Broward standard not Title VII | Gaddy/Whatley rely on district court's standard | Yes, incorrect standard used (Title IX standard governs); misapplication acknowledged by court |
| Whether Whatley had actual notice sufficient to alert to harassment | Whatley had notice from multiple complaints indicating inappropriate conduct | Not enough to alert to possible sexual harassment toward O.K.K. | No sufficient notice under Title IX; summary judgment affirmed |
| Whether notices showed a pattern of lesser conduct constituting notice | Patterns like text messages, gifts, and possessiveness should suffice | Such conduct did not constitute sexual harassment toward O.K.K. | Not enough to create a genuine issue of material fact as to notice |
| Whether the record shows deliberate indifference by Whatley | Whatley failed to actively correct the problem | Whatley limited actions (banned from hall) | Insufficient to show deliberate indifference under Title IX standard |
| Whether Broward and related cases support notice based on lesser conduct | Broward shows prior complaints can create notice | Broward facts differ; no sufficient prior sexual-harassment-like complaints here | Not applicable to create notice in this record |
Key Cases Cited
- Doe v. School Bd. Of Broward County, Fla., 604 F.3d 1248 (11th Cir. 2010) (actual notice must alert the decision-maker to possible harassment; not all harassment requires severe, pervasive conduct)
- Davis v. DeKalb County School Dist., 233 F.3d 1367 (11th Cir. 2000) (prior non-sexual complaints do not necessarily create notice)
- Sauls v. Pierce County School Dist., 399 F.3d 1279 (11th Cir. 2005) (teacher-on-student harassment standard; not required to be severe or pervasive)
- Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (U.S. Supreme Court 1992) (recognizes an implied Title IX right of action for student harassment)
- Gebser v. Lago Vista Ind. School Dist., 524 U.S. 274 (U.S. Supreme Court 1998) (liability requires deliberate indifference by official who has authority)