BRUNEAU EX REL. SCHOFIELD v. SOUTH KORTRIGHT CENT. SCHOOL

Docket No. 97-7495.

163 F.3d 749 (1998)

Eve BRUNEAU, a Minor, by and through her Guardians ad Litem, Pat SCHOFIELD and John Bruneau, Plaintiff-Appellant, v. SOUTH KORTRIGHT CENTRAL SCHOOL DISTRICT and South Kortright School Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 31, 1998.


Attorney(s) appearing for the Case

Brooks R. Burdette, New York, New York (William H. Gussman, Jr., Schulte Roth & Zabel LLP, New York, New York; Merrick T. Rossein, Steel, Bellman, Ritz & Clark, New York, New York, of counsel), for Plaintiff-Appellant.

Frank W. Miller, East Syracuse, New York (Benjamin J. Ferrara, Craig M. Atlas, Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse, New York, of counsel), for Defendants-Appellees.

Janet Axelrod, General Counsel, National Education Association of New York (Richard N. Aswad, James F. Haley, Jr., Aswad & Ingraham, Binghamton, New York, of counsel), filed a brief amicus curiae on behalf of National Education Association of New York.

Dennis G. O'Hara, Patricia R. Hoover, O'Hara & O'Connell, Syracuse, New York, of counsel, filed a brief amicus curiae for The New York State Council of School Superintendents.

William R. Yeomans, Acting Assistant Attorney General, Dennis J. Dimsey, Linda F. Thome, U.S. Department of Justice, Washington, D.C., of counsel, filed a brief amicus curiae for the United States.

Nicole L. Guéron, Friedman & Kaplan LLP, New York, New York; Martha F. Davis, Yolanda S. Wu, Julie Goldscheid, NOW Legal Defense and Education Fund, New York, New York, of counsel, filed a brief amici curiae for NOW Legal Defense and Education Fund, ACLU Women's Rights Project, Connecticut Women's Education and Legal Defense Fund, Equal Rights Advocates, National Women's Law Center, Northwest Women's Law Center, Texas Civil Rights Project, Title IX Advocacy Project, and Women's Legal Defense Fund.

Before: OAKES, CARDAMONE, and PARKER, Circuit Judges.


Judge OAKES concurs in a separate opinion.

CARDAMONE, Circuit Judge:

This appeal concerns alleged sexual harassment in a public school. The plaintiff, Eve Bruneau, was at the time of the events recited an 11-year-old sixth grade student in a rural upstate New York school. Her complaint asserts that her male classmates created a hostile educational environment by subjecting her and other female students in her class...

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