Teacher Gets New Trial to Defend Class Materials

But some of Smith's alleged comments - such as telling the class that he would skip class in college to bang the cheerleader - patently lack any educational value.

"Many of the examples of a hostile educational environment cited by plaintiff, appearing alone, may support a hostile educational environment in some contexts," Kane wrote. "However, the totality of the allegations, even viewed out of context and in a light most favorable to plaintiff, do not reasonably support a finding that the environment was 'permeated with discriminatory intimidation, ridicule, and insult,' such that it changed the terms and conditions of plaintiff's education. The court is sensitive to the fact that this conduct did not take place among adults in a workplace, but by an adult to students in a public school classroom. However, at the same time, the court is wary of the chilling effect of subjecting legitimate - or even borderline - decisions regarding curriculum to routine federal judicial review. Twentieth Century History is a subject that is fraught with complex, and at times uncomfortable, questions of race, religion, violence, and also sex and sexuality. It may be possible to teach the subject having purged the curriculum of issues which some students and their families find 'inappropriate' or inconsistent with their religious or moral beliefs, but the question presented here is not whether this court or the jury approves of the material in question, but whether the materials and comments about them rise to the level of a constitutional violation.

"The court agrees with plaintiff that at times defendant Smith did exercise poor judgment. ... The court agrees that defendant Smith's conduct would have justified disciplinary action from the school district. Even if viewed in a light most favorable to plaintiff, however, the evidence presented cannot be said to constitute a sexually hostile environment for plaintiff. The alleged incidents were sporadic. Plaintiff was never singled out."

Kane also said that Young relied on "very limited evidence" to connect the $25,000 award of compensatory damages to the sexually hostile educational environment Smith allegedly created.

"Plaintiff herself testified that she experienced only brief revulsion upon having seen the images," the decision state. "There is no indication that the images caused any lasting damage, resulted in nightmares or sleeplessness, or caused any damage beyond some immediate discomfort."

There is also no basis for the punitive damages award of $100,000 against Smith.

"No evidence has been introduced that defendant Smith ever directed any offending conduct specifically at plaintiff, that defendant Smith acted with an intent to harm, or that defendant Smith ever engaged in any offending conduct in his classroom after the complaints were made," Kane wrote.

"In short, plaintiff has shown that defendant Smith made pedagogical choices that some, and perhaps most, teachers would not have made," she added. "Plaintiff has also put forth evidence that would support a finding that defendant Smith made statements susceptible of being misconstrued. But a thorough review of the record reveals no evidence that defendant Smith acted recklessly, callously, intentionally, or maliciously in creating a sexually hostile educational environment. At worst, Defendant Smith's conduct would support a finding that he was careless. This is insufficient as a matter of law to support an award of punitive damages."

Likewise, Pleasant Valley should not have to pay $200,000 for Young's alleged emotional distress, the judge found.

"The court cannot agree ... that evidence was introduced linking [Young's] distress to the conduct of defendant Pleasant Valley," Kane wrote. Rather, the distress appears to stem from the reaction of third parties to plaintiff filing her lawsuit. ... Moreover, in light of plaintiff's obvious academic success, the court finds no basis for concluding that plaintiff suffered any compensable harm to her education as a result of defendant Pleasant Valley's conduct."

The court said a new trial is also warranted because of misconduct by Young's attorney.

"Having observed counsel's behavior before the jury over the course of a five-day trial, coupled with a jury verdict that was internally inconsistent and provided for an award of damages far in excess of what the evidence called for, the Court has no doubt that counsel's conduct was both improper and prejudicial," Kane wrote.

"The court is mindful of the significant personal difficulty that plaintiff has endured as a result of the events of 2007 in this litigation," Kane concluded. "The court does not doubt her sincerity in raising objections to some of what defendant Smith taught in his classroom. Sympathy alone, however, cannot form the basis of judgment."

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