Appeals court rejects challenge to gay harassment ruling

An appeals court has upheld a $300,000 judgment which held a San Diego school district responsible for not protecting LGBT students. The school district has not said if it will appeal to the California Supreme Court. Joey Ramelli and Megan Donovan were students at Poway High School in northern San Diego County. Over the course of their junior year, other students relentlessly taunted them with antigay slurs. Joey was physically assaulted and his car was vandalized. The two students found the harassment so brutal that they both had to drop out of Poway High School and completed studies toward their high school diploma at home. They took the district to court in 2005, represented by Lambda Legal. During the trial, the court was told that both Donovan and Ramelli reported the harassment to school officials but nothing was done. The jury found that the officials took "minimal or no action at all" when they reported the incidents. Further, the jury found that the harassment was so "severe and pervasive" that they awarded a combined $300,000 to the students. Ramelli was awarded $175,000 and Donovan $125,000. They had sought $225,000 each. The school district appealed to the California Court of Appeal for the Fourth District. The court heard oral arguments in July where Lambda Legal said the jury verdict should be upheld to send a message to other school districts. "Joey and Megan are seeking justice so that no other gay or lesbian student will have to endure what they did," said Lambda attorney Brian Chase. "This decision sent a clear message to schools across California that harassment of gay and lesbian students will not be tolerated," Chase said. Following the appeals court ruling, Chase said he was pleased with the ruling because it–recognized that every student has a right to feel safe and protected at school." "Unfortunately, what happened to Megan and Joey is far from uncommon. We hope this lawsuit and the attention it has generated will remind school officials everywhere that parents expect their kids to be safe from bullying and violence during school hours," Chase said.