Nguon v. Wolf

Page 1177

517 F.Supp.2d 1177

Charlene NGUON, et al, Plaintiffs, v. Ben WOLF, et al, Defendants.

No. SACV 05-868 JVS(MLGx).

United States District Court, C.D. California.

September 25, 2007.

Anne K. Richardson, Dan Stormer, Hadsell and Stormer, Pasadena, CA, Christine P. Sun, Hector O. Villagra, ACLU of Southern California, Los Angeles, CA, Christopher E. Campbell, Collie F. James, IV, Latham & Watkins, Costa Mesa, CA, James D. Esseks, ACLU Foundation, New York, NY, for Plaintiffs.

Dennis J. Walsh, Walsh and Associates, Stephan Birgel, Dennis J. Walsh Law Offices, Encino, CA, for Defendants.

MEMORANDUM OF DECISION

JAMES V. SELNA, United States District Judge.

This matter came on for trial to the Court on November 28-30, and December 1, 5-7, and 12, 2006. Plaintiffs Charlene Nguon ("Charlene"),¹ by and through her next friend, Crystal Chhun ("Chhun"), and the Gay-Straight Alliance Network ("GSA Network") (collectively "Plaintiffs") were represented by Dan Stormer, Esq., Christine P. Sun, Esq., Collie F. James, Esq., Shawn E. McDonald, Esq., Jordan 13. Kushner, Esq., and Anne Richardson, Esq. Defendants Ben Wolf ("Wolf'), Laura Schwalm ("Schwalm"), Kent Baird ("Baird"), Gary Lewis ("Lewis") (collectively "School Defendants") were represented by Dennis J. Walsh, Esq. and Stephan Birgel, Esq.

The focus of this case is Charlene and her relationship with Trang Nguyen ("Trang") during the academic year 2004-05 at Santiago High School ("Santiago"), part of the Garden Grove Unified School District ("District"). As discussed below in detail, Charlene was disciplined for her conduct with Trang, and Plaintiffs claim t hat Charlene's Constitutional, statutory, and common-law rights were violated in the process. Specifically, Plaintiffs assert causes of action against the School Defendants under the federal civil rights statute² for violation of Charlene's right to equal protection³ and violation of her First Amendment right to freedom of expression.⁴ Plaintiffs also assert that Wolf violated Charlene's right to privacy under California law by making certain disclosures to Charlene's mother, Chhun.⁵ Plaintiffs also seek injunction and declaratory relief on these claims as well as a separate federal civil rights claim that the School Defendants violated her federal Constitutional right to privacy.⁶

In accordance with the Court's usual practice in bench trials, direct testimony was presented by way of declaration, and the witnesses were then submitted for cross-examination and further examination.

I. Background.

A. The Plaintiffs.

Charlene At the beginning of the academic year 2004-5, Charlene was a 16 year-old junior at Santiago. Her first two years at Santiago were an academic success, and her grades remained high during the first semester of her junior year. (Ngoun Decl. ["Charlene"], ¶ 14 & Ex. A.) She took a number of Advanced Placement ("AP") courses, and was on a college track. (Id., Ex, A.)

She was the youngest of five children of Cambodian immigrants. (Charlene, ¶ 3; Chhun Decl. ["Chhun"], ¶¶ 3-4.) Neither parent spoke or understood English well. (Charlene, ¶ 6.)

Charlene met Trang in a freshman Life Science class. (Id., ¶ 15.) By the end of her sophomore year, Charlene realized that she "was attracted to her as more than a friend." (Id., ¶ 16.) At the beginning of the 2004-05 academic year, Charlene asked Trang to be her girlfriend, and by November they felt sufficiently comfortable to begin expressing their affection by holding hands and hugging. (Id., ¶¶ 17-18; T. Nguyen Decl. ["Trang"], ¶ 10.) By December, Charlene and Trang were kissing on the school grounds. (Charlene, ¶ 25.) Prior to the events which unfold below, Charlene had not revealed her sexual orientation to her parents. (Id., ¶ 26.)

Charlene graduated from Santiago in June 2006, and now attends Orange Coast College. (Id., ¶ 39.) The decline in her grades during her senior year led the University of California at Santa Barbara to withdraw an offer of admission. (Id., ¶ 38 & Ex. B.)

GSA Network. The GSA Network is a youth-led non-profit organization made up of lesbian, gay, bisexual, and transgender ("LGBT") and heterosexual students and adults. (Laub Decl., ¶ 2.) Its mission is to eliminate harassment, discrimination, and intolerance toward LGBT students. (Id.) The GSA Network has been active in lobbying for legislation to protect LGBT students in California schools. (Id., ¶ 13-14.) Beginning with academic year 2005-06, the GSA Network has had a chapter at Santiago. (See id., ¶ 15.)

The GSA Network's standing in this case is based on the protection of the interests of its members.⁷

B. The School Defendants.

Principal Wolf. Wolf was the principal at Santiago from July 2002 through June 2006. (Wolf Decl. ["Wolf'], ¶ 2.) As discussed below, he was the decision maker in determining what punishment to impose on Charlene for her conduct.

Laura Schwalm. Schwalm has been the superintendent of the District since 1999. (Schwalm Decl. ["Schwalm"], ¶ 3.)

Kent Baird. Baird was an assistant superintendent of the District from July 1, 2005 through June 30, 2006. (Baird Decl. ["Baird"], ¶ 1.)

Gary Lewis. Since 2003, Lewis has been assistant superintendent of the District for special education and student services. (Lewis Decl. ["Lewis"], ¶ 4.)

C. Santiago and the District.

Santiago is a four-year high school. In 2004-05, Santiago had about 2,000 students. (Wolf, ¶ 6; Schwalm, ¶ 7.) The senior administrators consisted of Wolf, the principal, and several assistant principals, including Gay Stoval ("Stoval") and Ryan Smith ("Smith"). (Wolf, ¶ 6; Stoval Decl. ["Stoval"], ¶ 3; Smith Decl. ["Smith"], ¶ 1.)

The District has about 50,000 students. (Schwalm, ¶ 7.) The senior administrators in 2004-05 included the superintendent, Schwalm, and four assistant superintendents, including Baird and Lewis. (Id., ¶ 4; Baird, ¶ 1; Lewis, ¶ 4.) Santiago is one of the high schools in the District.

II. Schwalm, Baird, and Lewis.

As the evidence developed at trial, it became evident that Schwalm, Baird, and Lewis played no role in the disciplining of Charlene and Trang. (Schwalm, ¶ 15; Baird, ¶¶ 8-9; Lewis; ¶ 8.) Those decisions were made by Wolf between November 2004 and April 2005, and without consultation with District officials. (Wolf, ¶¶ 45; PM 11-30.⁸) The three district administrators did not become aware of Charlene's complaints until receipt of a letter from her counsel in July 2005, well after the close of the 2004-05 academic year. (Schwalm, ¶ 14; Baird, ¶ 8 & Ex. A; Lewis; ¶ 6 & Ex. A.)

The Court has already granted summary judgment on Charlene's theories that the District lacked policies and procedures with regard to discrimination on the basis of gender and that the District administrators failed to investigate her claim of gender discrimination and take appropriate action. (MSJ Order, pp. 9-10.) There is simply no evidence to support a finding that Schwalm, Baird, or Lewis engaged in any "culpable action or inaction in the training, supervision, or control of [their] subordinates, ... acquiescence in the constitutional deprivations of which the complaint is made, or ... conduct that showed a reckless or callous indifference to the rights of others." Larez v. City of Los Angeles, 946 F.2d 630, 646 (9th Cir.1991) (citations, brackets, and internal quotation marks omitted.) For like reason, they did not violate Charlene's privacy rights under California law.

Schwalm, Baird, and Lewis are entitled to judgment in their favor on all claims for relief.

III. Violation of Equal Protection Rights.

Charlene claims that her right to equal protection under the laws was violated because discipline was imposed on her in a discriminatory manner based on her sexual orientation.

A. The Applicable Law.

Because the claim of discrimination rest heavily on the facts and the legal principles are not in dispute, the Court gives only brief attention to the applicable law. The following are bedrock: (1) sexual orientation represents a protected class for equal protection purposes, Flores v. Morgan Hill Unified School District, 324 F.3d 1130, 1137-38 (9th Cir.2003); see Nabozny v. Podlesny, 92 F.3d 446, 453-55 (7th Cir.1996); and (2) school officials are prohibited from intentionally treating students disparately on the basis of their protected status, here their sexual orientation. Reese v. Jefferson School District No. 14J, 208 F.3d 736, 740 (9th Cir.2000).

B. The Evidence at Trial.

The evidence at trial established that at Santiago it was the role of campus supervisors, assistant principals, and the principal to monitor and discipline students for engaging in inappropriate public displays of affection ("IPDA"). A student was typically first given a warning, and perhaps multiple warnings, before discipline was imposed. (Wolf, ¶ 9; Smith, ¶ 7; Sharabi Decl. ["Sharabi"], ¶ 7.) A warning had the effect of communicating precisely what conduct school administrators regarded as IPDA. (Wolf, ¶ 9.) Discipline was progressive: Saturday school, suspension, and transfer from the school. (Smith, ¶ 7.) The issue is whether this framework was implemented in an evenhanded manner.

1. What Constitutes IPDA.

Although there were no written rules with regard to IPDA in 2004-05, Wolf outlined IPDA for the student body at an assembly at the beginning of the 2004-05 school year. Assistant Principal Stoval testified that it was up to campus monitors and other school employees to make a judgment as to what constituted excessive kissing or hugging. (AM 11-29.) Stoval stated that her standard for IPDA was excessive conduct which someone would find unreasonable in a school setting. (AM 11-29.) While she testified that a student might not know that he or she crossed the line until warned by a school official, she also testified that she expected students to have a notion of what was proper and improper conduct on school grounds. In her 36 years with the District, this case was the first...