Phillips v. Anderson County Bd. of Educ., No. 07-5103 (6th Cir. Jan. 15, 2008)
The U.S. Court of Appeals for the Sixth Circuit (KY, MI, OH, TN), in an unpublished, per curiam (unsigned) decision, has ruled that a Tennessee school board was not liable for sex discrimination under Title IX for a high school principal’s decision to remove a female student from a weightlifting class. Shortly after the spring 2006 semester began, Ambrea Phillips, one of two female Anderson County High School students enrolled in the class for the semester, was removed from the class by Principal Bob McCracken. He claimed that he did so only after the other female student dropped the class, for safety and liability reasons. Ambrea disputed this, alleging that the other female student was still enrolled when a secretary from the guidance office told them they both were being removed because they were the only girls enrolled. Instead of contacting someone at the board of education, Ambrea’s father called a local television station and the state department of education. When contacted by a reporter and a state official, superintendent V.L. Stonecipher warned Mr. McCracken of the need to avoid a violation and instructed the school board’s Title IX Coordinator, Chuck Puglisi, to investigate. Mr. Puglisi met with Ambrea immediately, and, later that afternoon, Mr. McCracken informed Ambrea that she was reinstated to the class. Nonetheless, Ambrea and her father sued the school board, alleging gender based discrimination in violation of her § 1983 and Title IX rights and seeking $1,000,000 in damages. The U.S. district court dismissed the case.
The Sixth Circuit affirmed, finding the § 1983 action was a municipal liability claim that required Ambrea to prove (1) she was deprived of a constitutional right; and (2) the school board was responsible for the violation. Noting that the district court had assumed without deciding that Ambrea’s temporary removal amounted to impermissible gender discrimination, the appeals court agreed with the lower court that Ambrea had failed to demonstrate that the school board was responsible. Mr. McCracken was neither executing an official board policy nor acting as a policy-maker on the board’s behalf when he decided to remove her from the class, the court determined. Nor was there any proof the school board had acted with “deliberate indifference” once it had notice of her complaint. To the contrary, the district had acted immediately to investigate the alleged discrimination and order Ambrea’s reinstatement.
Phillips v. Anderson County Bd. of Educ., No. 07-5103 (6th Cir. Jan. 15, 2008)