Donovan

SUMMARY AND HOLDING

Section 220 of the California Education Code prohibits discrimination based on a number of protected characteristics, including sexual orientation, in any program or activity conducted by an educational institution “that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid.” In this case, we are called on to determine (1) the elements of a claim under section 220 brought by students against a publicly funded school district for its response to peer sexual orientation harassment suffered by the students while on campus, and (2) whether money damages are available in a private enforcement action under section 262.3, subdivision (b).

We conclude that to prevail on a claim under section 220 for peer sexual orientation harassment, a plaintiff must show (1) he or she suffered “severe, pervasive and offensive” harassment that effectively deprived the plaintiff of the right of equal access to educational benefits and opportunities; (2) the school district had “actual knowledge” of that harassment; and (3) the school district acted with “deliberate indifference” in the face of such knowledge. We…