Jury finds in favor
of two gay students
They said they were
harassed at school
By Dana Littlefield,
SignOnSanDiego.com from the Web, June 9, 2005
San Diego -- A San Diego
Superior Court jury found yesterday that two former Poway High School students
were harassed by their classmates because they are homosexual and that the
school district failed to address the situation immediately and appropriately.
After deliberating about a week, the jury determined that the harassment
effectively deprived Joseph Ramelli and Megan Donovan of the same access to the
educational opportunities and benefits that other students enjoy.
Ramelli and Donovan -– now both 19 and attending Palomar College –- were
awarded $175,000 and $125,000 in damages, respectively.
"The money was never the important thing," attorney Paula Rosenstein said.
"We're hoping that the next time some kids and their parents come to these
administrators, that they will take a different action."
Poway Superintendent Don Phillips, one of three administrators named in the
lawsuit, said in a news release that their lawyers have recommended an appeal.
However, he said he is "heartened" that the jury found that there was no
discrimination on the part of the school district or its employees.
In their lawsuit, Ramelli and Donovan claimed that the school district and
several school administrators failed to provide a safe environment on campus
and that school officials did little, if anything, to address their concerns.
During the trial, Ramelli testified that students repeatedly called him names,
shoved him in the hallways, threw food at him and spit on him. He
testified that he heard other students make disparaging remarks about gays and
lesbians on a nearly daily basis.
Their lawyers argued that Ramelli and Donovan were home-schooled during their
senior year because of the constant harassment.
Donovan testified that she escaped her troubles at school by playing on the
junior varsity softball team. But the atmosphere among her teammates grew
tense soon after they learned of Donovan's sexual orientation, she told the
jury.
Donovan testified that the other girls on the team refused to talk to her.
According to court documents, one teammate said she would no longer play if
there was a lesbian on the team.
Donovan said she complained to the coach, who talked to the players, but nothing
changed.
After she tried out but did not make the varsity team in 2003, Donovan's mother
wrote to the school's athletic director, raising concerns that Donovan was
discriminated against because of her sexual orientation.
However, the jury determined that Donovan's sexuality was not a motivating
factor in her being excluded from the team. In court documents, attorneys
for the school district said Donovan did not make the team because there was "a
decline in her work ethic" and there were more-skilled players trying out for
the team.
(Emphasis Added.)
Dana Littlefield: (619) 542-4590;
dana.littlefield@uniontrib.com
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