Full opinion text
FINDINGS OF FACT AND CONCLUSIONS OF LAW KIM R. GIBSON, District Judge. I. FINDINGS OF FACT The above-captioned action is brought pursuant to Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681(a) et seq. Plaintiffs in this case are Dawn L. and Michael L. on their own behalf and on behalf of their minor daughter M.L. Defendant is the Greater Johnstown School District (hereinafter the District). Plaintiffs claim that the District, a recipient of federal funds, Vol. 5 pp. 39-40, violated M.L.’s rights under Title IX by its unreasonable response to notice of sexual harassment of M.L. by another student, A.M., in January and February of 2005, thereby causing M.L. to suffer injury. Dawn and Michael L. also claim that the District violated their rights under Title IX by retaliating against them for opposing the District’s allegedly unreasonable response to their notice of sexual harassment of M.L. by A.M. and in particular for filing the instant action. At all times relevant to this case, the L. family was composed of Dawn and Michael L. and their four minor children. Vol. 2 pp. 39-40. Dawn and Michael L. are both lifelong residents of Johnstown, Pennsylvania and both attended District schools. Id. at 40; Vol. 4 pp. 124-25. Dawn L. is a full-time mother who has occasionally worked outside the home. Vol. 2 pp. 41-42. Michael L. is a crane operator. Vol. 4 p. 125. He was, however, disabled from approximately the beginning of June, 2003 until October 1, 2007. Id. at 125-27. While disabled, Michael L. received disability payments; the L. family’s income during Michael’s period of disability was approximately $2,300 to $2,600 per month. Id. at 129. Dawn and Michael L. first became involved with the District as volunteers in approximately 1996, in conjunction with their eldest daughter’s enrollment in the District. Id. at 132. From that time until February of 2006 they chaperoned, coached, tutored, worked on yearbooks, worked at concession stands, stood in for other parents at school events, participated in various booster organizations, served on parent-teacher committees, and ultimately served as officers in the Big J, the parent booster organization for all of the high school-level booster groups. Vol. 2 pp. 42-47; Vol. 3 pp. 92-93, 95-98; Vol. 4 pp. 131-37, 177-78; Joint Ex. 1 ¶ 44. Indeed, Dawn L. testified that she spent more time volunteering than she would have spent at a full-time job. Vol. 3 pp. 95-96. Dawn L. was also employed by the District as a teacher’s aide during the 2002-2003 school year. Joint Ex. 1 ¶ 47. Michael L. was hired by the District’s varsity girls’ basketball coach to keep score during the 2005-2006 season but was dismissed at approximately the same time as the L. family filed the instant action and has never been paid for the games he worked. Id. at ¶¶ 49-51. M.L. was born on January 31, 1993. She was first designated as gifted in the second grade and for the remainder of her enrollment in the District was subject to a Gifted Individualized Education Program (hereinafter GIEP) which was revised annually to reflect her needs. Vol. 2 p. 56; Vol. 3 pp. 23-24; Vol. 4 p. 138; Ex. 10 pp. 10-89. At approximately the same time as her designation as a gifted student M.L. developed problems communicating and otherwise interacting with others. Vol. 1 pp. 115-17; Vol. 2 pp. 50-51. These problems were so severe that she could not make a purchase in a store or order food for herself in a restaurant. Vol. 1 p. 115; Vol. 2 p. 54; Vol. 4 p. 116. She would also refuse to speak in school; at least one of her elementary school teachers ultimately had to require her to at least say “goodbye” before allowing her to go to her next class or she would not speak at all. Vol. 2 p. 52. It was difficult for M.L. to make friends; there were “usually [only] one or two people out of a group that she would be able to become Mends with.... ” Vol. 4 p. 138; see also Vol. 2 pp. 54-55. M.L. was also a “private person” who on at least one occasion refused to change her clothes behind the closed door of her bedroom because she could not lock the door. Vol. 4. p. 141. Various mental health professionals have offered multiple diagnoses for M.L.’s condition, including social phobia, anxiety, selective mutism, and intellectual snobbery. Vol. 2 p. 51. By the fall of 2004 M.L. had also been evaluated for Asperger’s Syndrome, a form of autism, and her parents had been counseled about how to deal with a child who suffered from that disorder. Id. at 69-73. Dawn and Michael L. were advised at that time that the condition could not be treated with medication and M.L. would likely always suffer from “severe social deficits.” Id. at 72. M.L. initially met A.M. through her older sister, N.L. Vol. 1 p. 119; Vol. 4 p. 112. Despite the fact that A.M. was two years older than M.L. the two girls had become best friends by the summer of 2004. Vol. 2 pp. 15, 67. M.L. did not, however, think of A.M. in a romantic or sexual way, Vol. 1 pp. 126-27; see also Vol. 4 pp. 31, 158, and roughly contemporaneous photographs of M.L. depict a sexually undeveloped little girl who was too physically immature for any form of sexual ideation. Ex. 74-75; Vol. 2 pp. 4-5; Vol. 4 p. 149. A.M. lived near the L. family with her mother, Paula B.; sometimes A.M.’s older brother lived with them as well. Vol. 1 p. 121; Vol. 2 pp. 62-62-63; Vol. 4 pp. 142-43. In the summer of 2004 A.M. began to spend a great deal of time with the L. family and with Paula B.’s approval essentially moved in with them. Vol. 2 pp. 65-67; Vol. 4 pp. 121-22, 142-44; Joint Ex. 1 ¶ 3. She ate with the family, helped with household chores, and joined the family on outings, vacations, and in church. Vol. 2 pp. 65-67; Vol. 4 pp. 143-44. She also slept at the L. house almost every night that summer, sharing a room with N.L. and M.L. and sometimes sharing a bed with M.L. Vol. 1 pp. 120-22; Vol. 2 p. 77. In the fall of 2004 A.M. was preparing to enter eighth grade and M.L. to enter sixth grade, both at the District’s middle school. Vol. 2 p. 67. Shortly before classes were to begin, while M.L. and A.M. were sharing a bed, A.M. attempted to unbuckle and remove M.L.’s belt. Vol. 1 pp. 123, 125. M.L. woke up and turned away from A.M. Neither girl said anything and M.L. went back to sleep. Id. at 124. Although “shocked,” M.L. did not tell anyone what had happened. Id. From the time of her initial attempt to remove M.L’s belt until January 18, 2005 A.M. kissed and fondled M.L., touched M.L.’s breasts, rubbed her crotch against M.L. and digitally penetrated M.L.’s vagina. Vol. 1 pp. 125-26; Vol. 3 p. 77. A.M. also “want[ed] to put her mouth on [M.L.’s] crotch,” although the record does not indicate whether A.M. actually did so. Vol. 1 p. 147. These actions took place at M.L.’s house, A.M.’s house, and in a bathroom at the middle school. Id. at 44; Ex. 5 pp. 3-5. The encounters in the school bathroom were planned; A.M. would write M.L. a note and M.L. would meet her there. Vol. 1 p. 139. M.L. did not enjoy this contact and did not want it to happen; she never wanted to have sex with A.M. Id. at 42^3, 128-29. Indeed, she asked A.M. to stop every time A.M. initiated sexual contact but A.M. never did and M.L. ultimately “just gave up.” Vol. 1 pp. 54, 128-29; Vol. 3 p. 41. M.L. did not, however, tell anyone about A.M.’s actions because she did not want A.M. to “get in trouble.” Vol. 1 pp. 54, 129; Vol. 2 p. 20; see also Ex. CC-20a (mis-identified by counsel in the transcript as CC-4 at Vol. 2 p. 19). Under the circumstances of this case M.L.’s failure to report A.M.’s activities was “a normal reaction....” Vol. 1 p. 108. M.L.’s parents knew nothing of A.M.’s sexual aggression and continued to treat her like a member of their family. Joint Ex. 1 ¶¶ 4-5, 15. When Paula B. refused to accompany A.M. to the open house at the middle school in the fall of 2004, Dawn and Michael L. “went to all of [A.M.’s] teachers’ classes and [they] were the parent [sic].” Vol. 2 p. 67. A.M. continued to call Dawn L.’s mother “gram” and “all of [the L.s’] extended family bought her gifts” at Christmas. Id. at 66. On one occasion, Christine Bulas, M.L.’s homeroom and language arts teacher, testified that she phoned Dawn L. to let her know “that A.M. was walking by [Bulas’s] classroom trying to get M.L.’s attention.... ” Vol. 5 pp. 106-07. Ms. Bulas then testified that Dawn L. told Bulas that the two girls were friends and that A.M. “looked out” for M.L. Id. at 107; see also Joint Ex. 1 ¶ 5. Ms. Bulas could not, however, say when during the school year this exchange occurred; as will be obvious from the facts recited below, the Court finds that this conversation occurred before January 14, 2005. In December of 2004, Dawn L. received a phone call from James Mayes, M.L.’s science teacher, advising her that “he had found M.L. out in the hallway crying on a couple occasions,” that “she wouldn’t go into the cafeteria to eat,” and that she refused to enter the cafeteria even if he offered to go with her. Vol. 2 pp. 73-74. He wanted Dawn L.’s permission get lunch for M.L. and take it to the middle school’s office for M.L. to eat. Id. at 74. Dawn L. gave her permission, told Mr. Mayes about the possibility that M.L. had Asperger’s syndrome, and asked Mr. Mayes to “keep [Dawn L.] posted.” Id. On the afternoon of January 13, 2005, Dawn L. was cleaning M.L.’s room and found a letter from A.M. that “just didn’t make sense.... ” Vol. 2 pp. 75-76, 78; Ex. 1.3; Joint Ex. 1 ¶ 6. It seemed to Dawn L. to be overly affectionate and “didn’t sit well.” Vol. 2 pp. 77-78. Much of the note is illegible; what remains reads as follows, with misspellings and grammatical errors preserved: Hey Baby wats up? nuffin much here well I thought u wouldnt go wit him if I ask you not too but okay I see how you are. remember when I would do stuff like [illegible] i got skills love you luw 1 V,ve y Vu sooooo muchhh Well got 2 go lots of love Bye W/B Ex. 1.3. Dawn L. discussed the note with Michael L. and then attempted to call Paula B., A.M.’s mother. Vol. 2 p. 78. Paula B. did not answer the phone, so Michael drove Dawn the “couple blocks” to Paula’s house. Id. at 78-79. While Michael waited in the car, Dawn spoke with Paula, who told Dawn that she had “seen sexually suggestive notes that had caused her to believe that ‘the girls might be having a relationship’ and ‘that something had happened between the two girls.’ ” Joint Ex. 1 ¶ 10; Vol. 2 pp. 79-80; Vol. 3 p. 161. Paula also told Dawn that “her family would disown her if they thought A.M. was gay.” Vol. 2 p. 80; Vol. 4 p. 32. Dawn took this to mean that a “sex act” might have occurred between A.M. and M.L. Id.; see also Joint Ex 1 ¶ 10. Dawn told Paula that A.M. was not to visit or phone the L. house or “talk to M.L. at all.” Vol. 2 p. 79; Joint Ex. 1 ¶ 11. In the evening of January 13, 2005 Dawn L. asked M.L. “if something had happened between her and A.M.” Vol. 2 p. 81. M.L. “just started crying.” Id. at 81-82; Vol. 3 p. 162; Joint Ex. 1 ¶ 7. Although M.L. was not able to describe what had happened that night, Dawn “knew something was wrong” and told M.L. that she was to have no further contact with A.M. Vol. 2 p. 83; Joint Ex. 1 ¶ 9. Dawn also told her other children, without explanation, that A.M. was not allowed to call the L.’s house. Vol. 2 p. 83. In addition, since M.L. generally walked to school with A.M., Dawn told M.L. that from now on Dawn would drive M.L. to school. Id. at 84-85. The next day, January 14, 2005, Dawn L. went to the middle school to talk to Principal Darren Buchko. Joint Ex. 1 ¶ 13. Buchko was charged with enforcing the District’s sexual harassment policy as it pertained to students, including the prompt investigation of any complaints, and was in fact the person who was “ultimately responsible for anything that occur[red] in that building.” Vol. 5 pp. 40-41, 51, 185, 188; Vol. 4 p. 63. Dawn L. wanted to ensure “that A.M. would not be around M.L.” She showed Buchko the note at Ex. 1.3 (see text supra) and another note that read as follows: [A.M.], I didn’t want to go with C [a boy who was a Mend of M.L.’s]. My mom made me. If I could’ve been with you I would’ve. And try not to make it worse for me please?¿ And I’ll try to call you today or sumthin [illegible] my mom has to go somewhere with my dad. Well thatz all 4 now. g2g byezz Love, [M.L.] Meet me at the corner so I can walk 2 school with you. Ex. CC-19a (incorrectly identified by counsel in the transcript as Ex. CC-3); Vol. 2 pp. 87-92; Joint Ex. 1 ¶ 16. Dawn L. also told Buchko about her conversation the previous evening with Paula B. and Paula B.’s concern that her family would disown her if they thought that A.M. was gay. Vol. 2 pp. 91-92; Joint Ex. 1 ¶ 18. In addition, Dawn told Buchko about M.L.’s psychological problems, including the phone call from Mr. Mayes and M.L.’s recent evaluation for Asperger’s Syndrome. Vol. 2 p. 93; Vol. 4 p. 34. She asked Buchko to keep M.L. and A.M. separated, telling him that since she could not be in the building he “need[ed] to watch M.L.” and that “someone [had] to protect [her] daughter” Vol. 2 pp. 92-94; Vol. 4 pp. 31, 35; Joint Ex. 1 ¶ 20. Buchko responded that “if he watched A.M. in that way” A.M.’s family could “come back on” him. Vol. 2 p. 94; Vol. 3 p. 174. Buchko did, however, agree to go with Dawn L. to check M.L.’s locker for more notes. Joint Ex. 1 ¶ 19. Buchko called Ms. Bulas, M.L.’s homeroom teacher; placed her on speakerphone; told her that Dawn L. was with him in his office “and that there was a problem with M.L.”; and asked for the number of and combination to M.L.’s locker. Vol. 2 p. 95. Ms. Bulas responded by asking Buchko if “everything [was] okay because ... M.L. [had] been coming back from the bathroom crying with her face beet red.” Id. at 96; Vol. 3 p. 4. She went on to say that she had asked M.L. “if there was anything [Bulas] could do for her, and [M.L.] just said ‘no’ and kept putting her head down on the desk.” Vol. 2 p. 96; Vol. 3 p. 4. Ms. Bulas then furnished the number and combination of M.L.’s locker. Dawn L. and Buchko opened the locker and found several additional notes. Id. at 97; Joint Ex. 1 ¶ 19. At trial Dawn L. could not determine which if any of the notes in evidence were in the locker, but was certain that none of the notes in the locker had described graphic sexual activity. Vol. 2 pp. 98, 100, 206, 214; Vol. 3 p. 171. The notes from the locker did not change Buchko’s mind about keeping A.M. away from M.L. and he neither offered to conduct an investigation nor discussed the District’s policies regarding sexual harassment, which included the right to appeal a principal’s decision to the District’s superintendent. Vol. 2 pp. 98-99. At trial Buchko did claim that he instructed M.L.’s teaching team to “keep an eye out” for M.L. and A.M., although he admitted that he had not given A.M.’s teachers similar instructions. Vol. 4 p. 75. He later claimed that in fact he only told one of the members off the team, Christine Bulas, and asked her to tell the rest of the team. Id. at p. 107. Ms. Bulas did testify that Buchko told her “at one time” to “keep [her] eyes out” for the two girls, although she could not say “where [or] when” this was and Buchko never told her the reason for his instructions. Vol. 5 p. 115. Bulas also testified that she was M.L.’s homeroom teacher and that typically information would be imparted to the homeroom teacher who would then pass it on to the remaining members of the team during their planning period. Id. at 110. Dawn Stephens and James Mayes, two other members of M.L.’s teaching team, also testified at trial, but there was no further corroboration of Buchko’s claim. Vol. 2 pp. 106-22; Vol. 5 pp. 119-29. Despite the near-total lack of credibility of Principal Buchko’s testimony, the Court finds that Buchko did tell one member of M.L.’s team of teachers to “keep an eye out,” although he never told her why. The Court cannot, however, conclude that any other members of M.L.’s teaching team were similarly apprised, either by Buchko or Bulas. Buchko did, however, admit to understanding that as of January 14, 2005, Dawn L. made “life decisions” for M.L. and that he was not free to override them; that Dawn L. found further contact between A.M. and M.L. unwelcome; and that regardless of any feelings of romantic or sexual attraction that M.L. might have for A.M., Dawn L.’s wishes trumped those of her daughter’s and contact with A.M. was therefore, by definition, unwelcome. Vol. 4 pp. 64, 72. On this final point, that a student’s parents determined what was and was not welcome conduct, Buchko was restating the District’s sexual harassment policy as articulated as well by both the superintendent and assistant superintendent. Vol. 2 pp. 174-77; Vol 5 pp. 53-54 Buchko subsequently spoke with the assistant superintendent at the time, Trudy Peterman, Ph.D., and told her that Dawn L. had complained to him about an older girl “bothering” M.L. Vol. 2 pp. 144-45. In response to Peterman’s questions, Buchko agreed with her characterization of the notes as indicative of a boy and girl “dating situation.” Id. at 145. On the evening of January 14, 2005, Dawn L. spoke with M.L. again about what had happened between M.L. and A.M. Vol. 3 p. 5. M.L. began to “open[] up” and, although she “cried a lot,” admitted that some level of inappropriate physical contact had occurred. Id. During the week of January 17, 2005, M.L. and A.M. nonetheless continued to meet at the middle school. Vol. 1 p. 133. M.L. told A.M. that her parents did not want them to have any further contact but A.M. said that she “was going to see [M.L.] anyway.” Id. On the morning of January 21, 2005, after M.L. had gone to school, her parents found another note, this one written on January 19, 2005. Vol. 1 p. 134; Vol. 2 pp. 202, 216-18; Vol. 3 p. 177; Vol. 4 p. 44; Ex. 1. It read as follows: sry 4 so sloppy 12 more days Hey baby cakes, [picture of a face] how you doin? Me OK sence I wuz wit u yesterday afternoon, your so sexy-I luv u so much mabey 2 much J/P. I buyin you 3 of thoose flower thing wats your H/R home room # ?. You know you liked [black rectangle] in the bathroom come today for step 2 OK. Be alone 4 real cuz just bealone OK. The real reason I didint whipout! step 2 cuz I heard sombody in the hallways, how about ill be the Doctor & you be the patient. OK. its all up 2 ya, know but 4 real come alone. I got Tee-Ed 3rd pd & Science 7th pd. Bring Gum! is ms. urbas’s class on your floor? cuz if so youll beable to see more if you like that, well G2G ill V miss you Lots of Love Ex. 1. Dawn L. found this note upsetting, and after consulting with her husband called the West Hills police, the department within whose jurisdiction both the L. family and A.M. lived, because Dawn and Michael “needed to take some action to make sure M.L. was safe.” Vol. 2 p. 221-22; Vol. 3 p. 178. They spoke with Chief Musulin; he asked if he could meet them at their house and Dawn and Michael agreed to an immediate interview. Vol. 2 p. 222. Michael L. then left to pick up M.L. from the school. Dawn L. called the middle school to tell them to have M.L. waiting for her father in the office and spoke with Buchko. Id. at 223, 226; Vol. 3 p. 178; Vol. 480-81. The police arrived while Dawn was on the phone. Vol. 2 p. 226; Vol. 3 p. 179. Dawn told Buchko that she had found “more notes,” and “that something happened in his building, and [she] felt like he [hadn’t done] anything from the first time [she] was there.” Vol. 2 p. 226; Vol. 3 pp. 186-87; Vol. 4 p. 81. Dawn L. then told Buchko that she had to hang up to admit the police. Vol. 2 p. 226; Vol. 4 p. 81. Buchko never asked to see the notes. Vol. 4 p. 86. He said at trial he could not remember his reasons; in a prior deposition he had said that “he had no reason to ask for the notes.” Id. at 87. When Michael L. returned with M.L., she had another note from A.M. which was then retrieved from her bookbag. Vol. 1 pp. 147, 152; Vol. 3 pp. 7-8, 180; Vol. 4 p. 44. The note read as follows: let me hit that sh* * I wanna f* * * it oh say 10 more days Hey Baby Cakes, you can only use the basic cussin words nun of that c* * * sucker sh* * lyke that only at night time when I be mackin you scream lyke that Why didnt you wait 4 me in the bathroom? cuz I wuz ready if u mean.can u b my “B.A.B.Y”? 1 got to hit that be4 the weekend cuz i wuz tryin to get u but u kept pushin me away az you usely do! why u alwayz do that ? I gotsta get somethin cuz I wont see you till Thursday! thatz along time, cuz I want that “p* * *y p* * *y pop-pin on a hand stand time witcha. Oh id did it agian im that good to forfeel your fantasys baby id like it 2 when you ways on top cuz i lyke it when u take control but not all the time cuz i lyke to leed when we buy r selves and do the wall thing talkin about this stuff is starting to get old we need 2 make new let me hit that today OK so I can do that 2 ya [arrow pointing to a picture of smiley face with a wet tongue hanging out]. i got Algebra 7th pd in 313 wat time do u want 2 met cuz my desk isnt buy the door? f***in love u f***in miss u f***in need u lots of love Ex. 1.1; Joint Ex. 1 ¶ 8. The “10 more days” at the beginning of the letter refers once again to M.L.’s birthday; the note was therefore written on January 21, 2005. Vol. 1 p. 106. Chief Musulin attempted to question M.L. but she did not respond. Vol. 1 pp. 149-50. He left the notes with Dawn L. and told her to bring them and M.L. to the West Hills police station at 5:30 p.m. that day for a second interview. Vol. 73 p. 10. By this point he “felt that if he could get M.L. to talk they could pursue charges.” Vol. 2 p. 224. Dawn L. then called Barbara Parkins, the District’s superintendent, but Parkins was “not available.” Vol. 2 p. 227. Dawn L. was instead referred to Peterman, whose duties included supervision of the District’s principals. Id. at 124-25, 227. Peterman told Dawn L. that Buchko had already spoken with her and she knew why Dawn was calling. Vol. 2 pp. 143-46, 227; Vol. 3 p. 180. The two women met that afternoon. Vol. 2 p. 228. Dawn L.’s purpose in meeting with Pe-terman was to get “A.M. out of that [middle] school.” Vol. 3 p. 11. She took with her the two notes she had discovered that day and gave them to Peterman. Id. at 12-13, 182; Vol. 4 pp. 44-45, 47; Ex. 1; Ex. 1.1. Dawn L. does not know if Peter-man actually read the notes, but Peterman “had them in her hand.” Vol. 3 pp. 13, 182; Vol. 4 p. 47. Dawn L. told Peterman that Buchko had refused to do anything on January 14, 2005, and “now look what’s happened.” Vol. 3 pp. 13-14. Peterman responded that A.M. and M.L. “could be exploring their sexuality” and that “girl on girl” was new to Buchko. Id. at 14. At this point Dawn L. was “disgusted” and asked what it was going to take to protect M.L. and whether she had to “pull [M.L.] out of school.” Id.; Vol. 4 p. 43. Peterman responded that “maybe [they] should just give M.L. a break,” and suggested home-bound instruction. Vol. 3 p. 14. Dawn L. decided that if accepting home-bound instruction for M.L. was the only way she could keep M.L. safe she would “tak[e] it.” Id.; Joint Ex. 1 ¶ 21. Peter-man had her secretary bring the necessary papers and told Dawn L. that for M.L. to be eligible for homebound instruction she would have to claim a medical condition. Vol. 3 pp. 14, 185; Joint Ex. 1 ¶ 22. Dawn took the form to her family physician, Dr. Govzden, and explained what had happened to M.L. Vol. 3 pp. 184-85. The doctor agreed with Dawn that sexual assault was not a medical condition for purposes of the form and listed “social phobia, depression, selective mutism, and anxiety” as the grounds for her application for homebound instruction. Id.; Ex. G. Although Peterman advised Dawn that there was a ten-day waiting period for home-bound instruction and M.L.’s homebound instruction actually started on February 10, 2005, M.L.’s last day at school before beginning homebound instruction was January 21, 2005. Vol. 2 p. 140; Joint Ex. 1 ¶¶ 24-25. Peterman never met with Dawn L. again. Vol. 2 pp. 140, 148-49. She never spoke with Paula B., A.M., M.L. or any of M.L’s or A.M.’s teachers about the “situation” between the two girls. Vol. 2 pp. 148-49. She also never directed anyone else in the District to investigate Dawn L.’s claims. Id. at 149. Dawn L. took M.L. to speak with Chief Musulin on the evening of January 21, 2005. Vol. 73 p. 19. The chief was unable to obtain any information from M.L., but told Dawn L. that M.L. “seemed traumatized.” Id. He also advised Dawn L. that if M.L. discussed the situation with A.M. with her therapist “he would be able to use that for charges....” Id. at 19-20. On January 26, 2005, M.L.’s parents found a note from M.L. to A.M. which said in part: “I dont [sic] know what I would do if I wasnt [sic] allowed to see you again. I’d kill myself.” Ex. CC-10a (incorrectly identified by counsel in the transcript as CC-1); Joint Ex. 1 ¶ 27; Vol. 3 pp. 36-37, 192-93. Dawn and Michael L. “immediately grabbed M.L. and took her down to [the emergency room at] Conemaugh [Hospital].” Vol. 4 pp. 155-56; Vol. 1 p. 160; Vol. 3 pp. 36-37; Joint Ex. 1 ¶27. Dr. Barra, a physician at the hospital, talked to M.L. and “felt that the threat was serious....” Document No. 73 pp. 37-38; Vol. 4 p. 156. Conemaugh Hospital had no room available in its psychiatric ward and the only alternative Dr. Barra could recommend was a facility “out past Altoona....” Vol. 3 p. 38; Vol. 4 p. 156. That institution did not, however, permit parental contact for at least ten days after admission, and “when they said that [M.L.’s] eyes looked like, it was just too much — [Michael L.] knew M.L. couldn’t handle that.” Vol. 74 p. 156. M.L.’s parents brought her home under a “suicide watch.” Vol. 4 p. 157. They hid all the sharp objects in their home including knives and scissors. Vol. 3 p. 39; Vol. 4 p. 157. M.L. was never left alone; either one of her parents or one of her siblings was her “tag-along partner for a while.” Vol. 4 p. 157. She was required to bathe with the door open, and one of her parents would stay upstairs while she was in the tub. Vol. 3 p. 39. M.L. slept with her parents in their bed the first night they brought her home; subsequently at least one of her parents slept in her room. Vol. 3 p. 39; Vol. 4. p. 157. On February 2, 2005, although M.L. was no longer in school, she accompanied her family to watch N.L. play basketball. Joint Ex. 1 ¶ 26. The family had been warned by another student that A.M. and a friend “were planning on coming to N.L.’s game to get at M.L.” Vol. 3 p. 48. A.M. and the other girl did attend the game, “positioned themselves perfectly” in M.L.’s line of sight, and proceeded to stare at M.L. “the entire game.” Id. at 50; Vol. 4 p. 165. Dawn L. called 911 from her cell phone, informed the operator that the West Hills police were conducting an investigation, and asked to make a report. Vol. 3 p. 50. The operator referred Dawn L. to Officer Frombaugh, the City of Johnstown officer who was stationed at the gym. Id. Dawn spoke with Frombaugh, who then spoke with A.M. Id. at 51. Since there had been no physical contact Frombaugh “really couldn’t do anything,” but at the end of the game he did place himself between A.M. and the L. family as the family exited the gymnasium. Id.; Vol. 4 p. 165. He also told Dawn and Michael L. “that [they] needed to go see Julie Wagner the next day” at the middle school. Vol. 3 p. 51. Dawn L. met with Officer Wagner on February 3, 2005 and told her what had happened the previous night as well as about her original meeting with Buchko, “and just everything that happened start to finish.” Id. at 52; Vol. 1 pp. 30-31; Ex. 5; Joint Ex. 1 ¶28. Dawn L.’s account included statements that she had provided both Buchko and Peterman “with notes written back and forth between the girls” and that both administrators had told her “that the incidents appeared to be consensual and that there were no sanctions they could impose on [A.M.].” Ex. 5 p. 2. Officer Wagner arranged to interview M.L. that morning. Vol. 1 p. 32; Vol. 3 p. 52; Ex. 5 p. 3.; Joint Ex. 1 ¶ 29. Officer Wagner testified that “[disclosure is not a one-time event,” but rather “a process, and it’s an ongoing process that can take weeks, it can take years.” Vol. 1 p. 34. She was nonetheless able to get M.L. to open up on the morning of February 3, 2005. Much of that first interview was devoted to a discussion of the contents of the notes in evidence as Exhibits 1 and 1.1, during which Officer Wagner determined that the notes did in fact mention sexual activities and that the bathroom to which Exhibit 1 referred was in the middle school. Vol. 1 pp. 42-43; Ex 5 pp. 3-5; Joint Ex. 1 ¶ 30. The Parties have stipulated that at this or a subsequent interview M.L. was “fearful, for some reason of A.M. and [Wagner did not] know why ... [M.L.] seemed fearful of the repercussions if she said anything. She seemed sad. She seemed embarrassed. She cried an awful lot.” Joint Ex. 1 ¶ 30. The Parties have also stipulated that “M.L. told Wagner that A.M. ‘would touch her in ways that weren’t very comfortable.” Id. At the close of the interview Dawn L. granted Officer Wagner permission to conduct a second interview with M.L. on February 8, 2005. Vol. 1 p. 46. Officer Wagner then attempted to contact A.M.’s mother, with no success. Ex. 5 p. 9. On February 4, 2008, Officer Wagner “was on military duty at the reserve center on Goucher Street,” but tried to telephone Buchko to “touch base” and “let him know what was happening.” Vol. 1 p. 46. He refused her call and Buchko’s secretary told Officer Wagner that Buchko would see her “in the superintendent’s office with her chief on Monday [February 7, 2005] at one o’clock.” Id. at 46, 48. The meeting on February 7, 2005, which included Parkins, Buchko, Officer Wagner and a police supervisor was not for the purpose of dealing with the L. family’s concerns but was instead held to address Buchko’s claim that Officer Wagner had accused him, in her initial meeting with Dawn L., of covering up the sexual assault of M.L. by A.M. Vol. 1 pp. 49-50; Vol. 4 p. 82; Vol. 5 p. 43; Ex. 2 p. 2; Ex. 5 p. 5; Joint Ex. 1 ¶ 31. Parkins did not know beforehand that the meeting involved the L. family. Yol. 5 p. 43. As Parkins testified, “the essence of the meeting was that, you know, they were, there was friction between the Johnstown Police Department and the school district and we were trying to iron it out. So [Parkins’s] notes on the incident, the L. incident itself, [were] probably pretty sketchy.” Id. at 44. Officer Wagner had not, however, made any allegation of coverup; the difficulty arose from the misapprehension of one of Buch-ko’s secretaries. Vol. 1 pp. 49-50; Ex. 5 p. 5. During the meeting Buchko stated that the reason he had not contacted Officer Wagner regarding Dawn L.’s concerns was that Dawn L. wanted “the issue regarding her daughter kept confidential. Ex. 5 p. 5. Either Parkins or Buchko suggested that the activities of M.L. and A.M. were “consensual”; that therefore “school personnel did not feel the need to take further action”; and that “to pursue [the] matter would appear to be conducting a ‘witch hunt’ for lesbians.... ” Ex. 5 p. 5; Yol. 1 pp. 51-52; Vol. 75 p. 47; Ex. J. p. 1. Officer Wagner “shared with Mr. Buchko the notes which A.M. had written which were highly suggestive of sexual encounters in the school bathroom,” Joint Ex. 1 ¶ 32, and her supervisor informed Parkins and Buchko “that a criminal act may have occurred on school property and a police investigation should have been done.” Ex. 5 p. 5; Vol. 1 pp. 50-52. The meeting ended with an agreement “[t]hat there would be more cooperation between the police department and school administration” regarding the sharing of information in this matter. Vol. 1 pp. 52-53; Ex. 5. p. 5. Parkins had no further involvement with the case until April of 2005. Vol. 5 pp. 50-51. Officer Wagner interviewed M.L. again on February 8, 2005. Joint Ex. 1 ¶ 29. M.L. “didn’t want to talk about what happened in the school bathroom” and started “shaking” and “crying” when asked. Vol. 1 p. 54. M.L. did, however, tell Officer Wagner that she used to tell A.M. to stop when A.M. wanted to do the “wall thing,” but then “just ‘gave up’ and let it happen.” Ex. 5 p. 6; Vol. 1 pp. 53-55. On February 9, 2005, Officer Wagner interviewed other students at the middle school and determined that “it was very common knowledge” among A.M.’s friends “that there were meetings” between A.M. and M.L. in the school bathroom. Vol. 1 p. 60. On February 10, 2005, nearly four weeks after Dawn L. first notified him of the unwanted contacts between A.M. and M.L., Buchko conducted his first interview with A.M. Vol. 1 p. 60; Joint Ex. 1 ¶ 33. Officer Wagner was present but because she had been unable to speak with Paula B. to obtain permission to question A.M. she asked no questions herself. Vol. 1 pp. 60-61; Ex. 5 pp. 8-9. Buchko had Exhibits 1 and 1.1 in front of him and questioned A.M. about their contents, including the phrase “ill [sic] be the doctor and you be the patient” and the discussion of “hitting it.” Vol. 1 p. 61; Ex. 5 p. 8. A.M. responded that “that’s just how [she and M.L.] talk[ed]”; that M.L. wrote notes to A.M. as well; and that the real culprit was Dawn L., who was “jealous” that M.L. loved A.M. more than Dawn. Vol. 1 pp. 61-62; Ex. 5 p. 8. Buchko told A.M. that it looked like she was engaged in prohibited behavior in the girls’ room at the middle school; that her sexual preferences were her business, but “these types of notes and behavior [did] not belong in school”; and that she was to stay away from M.L. at any District activities or functions. Ex. 5 pp. 8-9; Vol. 1 p. 96; Vol. 4 pp. 101-02. Officer Wagner told M.L. to have “absolutely no contact” with M.L, including exchanges via computer, notes, or “messages through mutual friends.... ” Ex. 5. p. 9. By this time Officer Wagner “felt she had enough evidence to warrant the filing of criminal charges against A.M.” Joint Ex. 1 ¶ 34. Buchko was less concerned, merely “beginning to take the first step in issuing [A.M.] a warning.” Vol. 4 p. 102. He did not think A.M.’s conduct to date warranted stronger sanctions since “this [was] the first time that [he was] seeing any kind of vulgarity in any type of note.” Id. The middle school’s assistant principal, Mr. Frontino, had yet another view of the situation. He found it entertaining, commenting at one point “as a joke”: “[0]h, lesbian activity in the bathroom and I missed it.” Vol. 1 pp. 71-72. Notwithstanding Buchko’s and Officer Wagner’s warnings to A.M. to have no further contact with M.L., on February 13, 2005 A.M. attempted to send M.L. three carnations she purchased at school for Valentine’s Day. Vol. 73 pp. 58-60; Ex. 5 p. 8; Ex. 1.8. The flowers were not delivered; they were kept at the main office of the middle school and Officer Wagner retained the attached cards. Ex. 5 p. 8. A.M. was not punished for this violation of Buchko’s instructions. Ex. 64.1. On February 16, 2005 A.M. also attempted to approach M.L., who was in the L. family’s yard at the time. Ex. 5 p. 10. A.M. did not, however, enter the L.’s property or have any contact with M.L. Id. February 10, 2005 was not only the date of Buchko’s first warning to A.M.; it was also the date on which M.L.’s homebound instruction was to begin. Ex. 2 p. 2; Ex. 36. While in school, M.L. had received approximately 20 hours of tutoring per week. Vol. 2 p. 131. Recipients of home-bound instruction, who were generally confined to their homes due to illness, were to receive only five hours per week on the “theory that a student is on homebound because they can’t handle six hours a day, five days a week.” Id. at 128, 177. M.L. was, however, capable of handling a full course load; she had been placed on home-bound for the sole purpose of keeping her away from A.M. A homebound instructor is supposed to pick up where the student left off in class. Id. at 132. In M.L.’s case, her homebound teacher was told to see M.L.’s guidance counselor for M.L.’s curriculum. Ex. 36. Dawn L. was particularly concerned that the instructor would adhere to M.L.’s GIEP. Vol. 3 p. 17. Dawn L.’s concerns were not misplaced. The homebound instructor, Raymond Zonin, came late and left early for his sessions with M.L. Id. at 25. When he did show up, he appeared more interested in chatting with Michael L. or M.L.’s siblings than with actually teaching M.L. Id. at 24; Vol. 4 p. 160. Eventually, Michael L. had to absent himself from the room as soon as Zonin arrived and on at least one occasion Michael L. had to tape a piece of plastic over a doorway to isolate himself and his wife from Zonin. Vol. 4 p. 161. In an attempt to minimize distractions both to Zonin and their other children the family ultimately had Zonin meet M.L. at Dawn L.’s mother’s house. Vol. 3 p. 24. On average, Zonin spent less than two hours per week actually teaching M.L. Vol. 1 p. 163; Vol. 3 p. 32. The quality of whatever instruction did occur was poor. Zonin had none of the texts M.L. had used in school and the only text that Dawn L. had been able to obtain from the District was M.L.’s math book. Vol 3 pp. 26-27. Over the objection of M.L.’s parents and M.L. herself, and even though by February of 2005 M.L. had covered roughly half of the year’s material, Zonin insisted on starting from the beginning of the year in her math course. Vol. 1 pp. 164-65; Vol. 3 p. 28. Word search puzzles, which M.L.’s regular language arts teacher indicated might at best be something she would use for extra credit, comprised the principal part of Zonin’s English lessons. Vol. 3 p. 27; Vol. 5 pp. 115-16. Zonin gave M.L. spelling words which were in some cases the same as those her brother, who was three years younger than M.L., was assigned in class. Vol. 4 p. 162. Zonin also had M.L. watch a video on bullying and may have tested her on it. Vol. 3 p. 27. M.L. “thought he was an idiot.” Id. at 34. Her siblings concurred in that assessment. Id. M.L.’s GIEP required enrichment activities in every subject; Dawn L. did not believe that Zonin was providing even basic instruction. Id. at 31; Ex. 10. p. 21. Peterman was the “homebound coordinator” and Dawn L. tried “two or three times” to speak with her to register her displeasure with Zonin’s performance. Vol. 3 pp. 33-34; Vol 2 p. 124. Peterman, however, was never “available.” Vol. 3 p. 33. M.L.’s parents were convinced that she was “completely being deprived of an education.” Vol. 3 p. 62. M.L. did not like being on homebound instruction and missed her friends; at some point she asked her father why she was being “punished.” Vol. 1 p. 167; Vol. 3 p. 62; Vol. 4 p. 166. In addition, Dawn and Michael L. did not allow M.L. to engage in any activities unless she was with one of them. Vol. 3 p. 61. Moreover, her fellow students were speculating on possible reasons for her continued absence from school, and M.L. was not willing to tell them the real reason. Vol. 3. p. 62; Vol. 4 p. 167-68. For all these reasons, M.L. was “locking down” and “actually going back inside a shell that was probably worse than [Michael L.] had ever seen.... ” Vol. 5 p. 19. Dawn and Michael L. began to consider allowing M.L. to return to the middle school. Vol. 3 pp. 35-36, 61-62. They first spoke with M.L.’s therapists, who advised them that “if [M.L.] felt ready then it would be okay for her to be there.” Vol. 3 p. 62. They also spoke with Officer Wagner, whom they “knew and trusted,” and whom they felt would protect M.L. if she did return to the middle school. Vol. 73 p. 63; Vol. 5 p. 20. Dawn L. then called Peterman to inform her that M.L. would no longer require homebound instruction; that the instruction had not been satisfactory; and that Dawn L. “needed to meet with all M.L.’s teachers” to “set up” a plan to ensure M.L.’s safety upon her return to the middle school. Vol. 3 pp. 64-65, 189-90. On March 11, 2005 Dawn L., Officer Wagner, and the six teachers in M.L.’s teaching team met to discuss M.L.’s return. Joint Ex. 1 ¶ 36. Buchko was not in attendance. Id. Dawn L. told the teachers the reason for M.L.’s absence; “[t]hey seemed pretty shocked.” Vol. 3 pp. 65, 205. The teachers “said they wondered why M.L. had been pulled out, and they said anything they could do they would.” Vol. 3 p. 65; Ex. 5 p. 9. Dawn L. “asked the teachers to keep an eye out for M.L. and told them that A.M. should have no contact with M.L.” Joint Ex. 1 ¶ 37. Dawn L., the teachers, and Officer Wagner agreed that Dawn L. would drive M.L. to school late and pick her up early; that M.L. would have a specific bathroom to use which was outside the in-school detention room and which the aide assigned to the room could monitor; and that if M.L. needed to use the bathroom her teacher wouM notify the aide that M.L. was coming and the aide would notify the teacher when M.L. left the bathroom to return to class. Vol. 1 p. 169; Vol. 2 p. 121; Vol. 3 pp. 66, 207-08; Vol. 5 p. 111. They also arranged to move M.L.’s locker “so [A.M.] wouldn’t know where M.L. would be between classes.” Vol. 3 p. 66. M.L.’s parents were satisfied that under the procedures listed above being in school would be better for M.L. than remaining on homebound instruction and on March 15, 2005 M.L. returned to the middle school. Id. at 190; Joint Ex. 1 ¶ 35. She and A.M. did not meet in the bathroom again and, in fact, their last physical contact took place on January 18, 2005. Vol. 2 pp. 28-29. On “at least two occasions,” though, Dawn Stephens observed A.M. in one of the stairwells as Ms. Stephens was moving her class, including M.L., downstairs to the gymnasium. Vol. 2 pp. 115— 16; Vol. 3 p. 67. When she noticed A.M. Ms. Stephens changed her route to avoid the girl and notified Buchko. Vol. 2 p. 116, 119; Vol. 3 p. 67. Ms. Stephens and Ms. Bulas also “observed A.M. on the 6th grade floor at least four times” during the last week of March and the first week of April, 2005. Vol. 1 p. 65; Ex. 5 p. 10. In the last of those incidents, Ms. Stephens “intentionally held her class for five minutes after the bell rang to ensure the halls were clear,” but “[w]hen she walked out, there was [A.M.]” Ex. 5 p. 10; Vol. 5 p. 63. Eighth graders did take classes in both art and possibly home economics on the sixth grade floor. Vol. 1 p. 66; Vol. 5 p. 121. A.M. was not, however, taking either of those subjects, Ex. 9 p. 36; she had “no legitimate reason” to be on the floor. Ex. 5 p. 10; Vol. 1 p. 65-66. On March 23, 2005, eight days after M.L.’s return to the middle school, Stephens recovered a note which A.M. had passed to M.L. through a mutual friend. Vol. 1 pp. 169-71; Vol. 72 pp. 117-18; Ex. CC-6a; Ex. 1.10; Ex. 1.11; Joint Ex. 1 ¶ 38. It read as follows: Why am i so diffrent? What did i ever do to deserve the kind of treatment that i receive from you. When times were blue. You stood by mi side through and through But now you have changed. you are acting quite diffrent I want your old self, to come out from inside I want our friendship back I want you to change Is it asking too muck for you to be mi friend once again? you don’t care about me lyke i do 4 you. inskool is the only time i see you 4 the rest of the time im hear so thanx [frowning face] for everything you didnt do pluse you cheated on me So much 4 1:00 G2G súpose to be a lot of love. Bye Ex. CC-6a. Buchko wrote the name of the child from whom the note had been taken; that it was directed toward M.L.; and “3/23/05,” its date of confiscation, in the upper left hand corner of the note. Vol. 4 p. 103; see also Ex. A and B (providing examples of Buchko’s handwriting). Officer Wagner’s first back at the middle school after her return from South Korea was on or about April 5, 2005. Vol. 5 p. 62. Upon her return she learned of the incidents described above and proceeded to “search out the note” A.M. had transmitted to M.L. Id. at 63-64; Ex. 5 p. 10. She cannot recall who showed it to her, but it was “one of the administrators.” Vol. 5 p. 64. In light of this evidence, Stephens’s testimony that she had turned the note over to either Buchko or Officer Wagner, Vol. 2 p 118, and the fact that Officer Wagner was out of the country on March 23, 2005, Vol. 1 p. 65, the Court finds that Buchko knew of this note on or shortly after March 23, 2005. Officer Wagner informed Buchko that she was preparing to file charges against A.M. and asked him if there was any action he could take under the District’s discipline code. Vol. 5 p. 64; Ex. 5 p. 11. He spoke with Parkins and determined that a 10-day suspension was appropriate. Ex. 5 p. 11; Vol. 4 p. 105. At this point the District viewed the passing of the note as a “Level 4” violation, the most severe, akin to a weapons or drug violation. Vol. 4 pp. 102-03; Ex. 64.1; Ex. N. After a second meeting with Buchko in which he informed Officer Wagner of the decision to suspend A.M., Officer Wagner escorted A.M. from the in-school detention room to which she had been assigned for an unrelated infraction to a conference room in which Buchko and Frontino were also present. Vol. 5 p. 64; Ex. 5 p. 11; Ex. 64.1. .There Buchko detailed his reasons for suspending A.M. Ex. 5 p. 11. During the ensuing discussion, A.M. admitted that she was obsessed with M.L. Id; Vol. 1 pp. 62-63. Officer Wagner then told A.M. that Wagner would be filing charges against her. Vol. 5 p. 64. Since A.M. was being suspended Officer Wagner did not, however, take her into custody. Id. A.M. subsequently telephoned her mother from the school and Officer Wagner had her first opportunity to speak with Paula B. Ex. 5 p. 11. Buchko issued the notice of suspension on April 6, 2005; the out-of-school suspension began the following day. Ex. N. Officer Wagner filed four criminal charges on April 7, 2005, consisting of two counts of stalking, a first degree misdemeanor; one count of indecent assault, a second degree misdemeanor; and one count of harassment, a third degree misdemeanor. Ex. 6; Joint Ex. 1 ¶ 39. The District’s ten-day suspension of A.M. was the maximum penalty it could impose without conducting a formal hearing. 22 Pa.Code § 12.6(b)(1); Vol. 5 pp. 178-79. The “next step” in the disciplinary process, expulsion, would have required a formal hearing before the District’s board of directors. 22 Pa.Code § 12.6(b)(2); Vol. 5 p. 179. Expulsion would not, however, have terminated the District’s obligation to educate A.M., and if she had not been able to find another school in which to enroll the District would have been required to provide her with homebound instruction. 22 Pa.Code § 12.6(e); Vol. 5 p. 179. On April 14, 2005 the District and Paula B. therefore signed a stipulation and agreement in lieu of expulsion which excluded A.M. from the middle school and placed her in the District’s alternative education program, which was conducted at the high school. Vol. 5 pp. 179-80; Ex. 0; Joint Ex. 1 ¶ 42. Dawn L. and M.L. were prepared to testify against A.M. in the criminal proceeding, Vol. 3 pp. 46-47, 70, but on May 16, 2005, A.M. and Paula B. signed a consent decree admitting to the charges proffered by Officer Wagner and accepting a six-month period of probation with certain conditions. Vol. 1 pp. 67-68; p. 70; Ex. 18. One of those conditions was that A.M. was to “have no direct or indirect contact” with M.L. or her family. Ex. 18 p. 1. A.M., however, “continued throughout the end of May to stalk and harass [M.L.], and [Officer Wagner] had to have the juvenile probation officer notified for a reinstatement of the charges.” Vol. 1 p. 68; Vol. 3 p. 78; Joint Ex. 1 ¶ 40. After a hearing, the Court of Common Pleas of Cambria County, Juvenile Division, ordered on June 13, 2005 that A.M. “remain on the consent decree for 12 months” from the date of the order. Ex. 17; Vol. 1 p. 69. Buchko testified that when M.L. returned to school he “had staff reports that she was doing a lot better.” Vol. 5 p. 183. Similarly, Mayes testified that he telephoned M.L.’s parents after her return to inform them that “she was much more outgoing ... and she participated much more in class....” Id. at 120. The Court finds that both these statements are consistent with M.L.’s knowledge that her parents, teachers and the school resource officer were aware of her problems with A.M. and had crafted a program to prevent her from suffering further sexual assault, and that A.M. had been suspended and subsequently removed from the middle school at the beginning of April, 2005. Joint Ex. 1 ¶¶ 40-41. While M.L. may have felt better after her return she did suffer academically for her absence. It is difficult to determine the degree of injury, since M.L.’s teachers “didn’t know what to do with [her] grades from homebound.... ” Vol. 3 p. 191; Ex. 10 p. 79 (omitting a grade for pre-algebra from the third quarter of M.L.’s sixth grade report card). Indeed, M.L.’s school records contain no “progress reports or anything” from Zonin. Vol. 2 p 138; Ex. 10. M.L. “definitely had difficulties” with math upon her return, and she and her mother “worked very hard” to catch up. Id. In addition, for all Mr. Mayes’s pleasure in M.L.’s purported change of demeanor, he gave her a C in science the last quarter; he had previously given her Bs. Ex. 10 p. 93. M.L.’s final grades for sixth grade nonetheless qualified her for membership in the National Junior Honor Society. Vol. 5 p. 112. She did not, however, receive a letter to that effect; she was the only one of the approximately 25 students in her gifted and talented class who did not. Vol. 3 p. 133. Dawn L. spoke with Buchko about this and “he said he would get back to [her].” Id. at 135. When he did, Buchko told Dawn L. that “it could have been an oversight, he wasn’t sure, but [M.L.] would be included.” Id. at 135-36. Several years later this “oversight” occurred again when Dawn and Michael L.’s youngest child, B.L., did not receive his notification letter. Id. at 136-37; Vol. 4 p. 22. Unlike his sister, B.L. did not tell his parents that he had not received the letter until the day of the induction ceremony and on three different days had remained in his classroom with one other student while the rest of his class practiced for the ceremony. Vol. 3 pp. 136-38; Vol. 4 pp. 20-22. The L. family did not attend the ceremony, at which B.L.’s name was called. Id. The next day Dawn L. called the middle school; the person with whom she spoke said, “oh Dawn, I don’t know what could have happened, but I have all of B.L.’s [National Junior Honor Society] things in the office.” Id. at 138. Ms. Bulas, who was also B.L.’s homeroom teacher, passed out certificates of membership sometime after the ceremony; B.L.’s was included. Vol. 5 pp. 114. Superintendent Parkins met with Dawn L. for the first time regarding M.L. and A.M. near the end of May, 2005. Vol. 3 pp. 75-76. School was still in session and there were open gym sessions in preparation for the summer basketball league. Vol. 5 p. 137. Tony Penna, Sr., the District’s athletic director, and Buchko were present at the meeting as well. Vol. 3 pp. 76; Vol. 5 pp. 74, 80-81. Tom Ravida, the head girls’ basketball coach, was also invited to the meeting, but could not “get off work that day” to attend. Vol. 5 pp. 138-39. Dawn L. knew that the alternative education program to which A.M. had been assigned was held at the high school, as were the basketball practices in which N.L. and M.L. intended to participate, and wanted to ensure that there would be no contact between her daughters and A.M. Vol. 3 p. 76; Vol. 5 pp. 79-80. Dawn L. discussed in detail the sexual activities to which A.M. had subjected M.L. Vol 3 p. 77; Vol. 5 p. 81. She also discussed the first court proceeding involving A.M. and advised Parkins, Buchko and Penna of the no-contact order; that A.M. had already violated it; and that as a result they were “set to go back into court.” Vol. 3 pp. 77-78; Vol. 5 pp. 80-81. Parkins then requested a copy of the no-contact order, which Dawn L. supplied on the next business day. Vol. 3 pp. 77-80; Vol. 5 pp. 81-82. Parkins et al. told Dawn L. that “they would not let A.M. there and that she would not be allowed to play basketball.” Vol. 3 p. 80; Vol. 5 p. 79. A.M. nonetheless showed up for “[a]t least four or five” basketball practices in June of 2005. Vol. 3 pp. 82-83; Vol. 4 p. 4. At one of them A.M. followed M.L. into the weight room. Id. at 82. Michael L. was present at the practice and followed A.M. inside; nothing was said, but A.M. “got the point.” Id. at 83; Vol. 4 p. 7. The June basketball practices had been part of a summer league, but starting in August there were “official” practices for the school teams. Vol. 3 p. 83. In August of 2005 Dawn L. again attempted to contact Parkins to ensure that the District would enforce the terms of the no-contact order. Vol. 3 pp. 83-85; Ex. 35 (incorrectly referred to by counsel as Ex. 25 on line 23 of Vol. 3 p. 85). She could not recall if Parkins ever spoke with her, although she did leave messages with Parkins’s secretary. Vol. 3 pp. 80, 85. Dawn L. also discussed her concerns with Penna. Id. at pp. 87-88. A.M. showed up at the first official practice and was asked to leave. Id. at 89-90. The other girls on the team then began to taunt M.L., who left the practice in tears. Id.; Vol. 4 p. 6. M.L. had no further involvement with basketball in the District and has not played at her new school. Id. at 90; Vol. 1 p. 114. A.M. did play basketball in the District and notwithstanding the no-contact order in the consent decree played with N.L. during the 2005-2006 season. Vol. 3 p. 139; Vol. 4 p. 23; Vol. 5 p. 13. In spite of their difficulties with the District, Dawn and Michael L. took on additional responsibilities in the 2005-2006 school year. Dawn was elected co-secretary of the Big J and joined the District’s parent advisory council. Vol. 3 pp. 92, 94, 104. This was on top of her work as secretary of the girls’ high school soccer boosters and her involvement with the middle school parent organization and the high school girls’ tennis boosters. Id. at 92. She also worked on the middle school yearbook. Id. Michael L. was elected president of the Big J. Vol. 4 pp. 176-77. He likened it to being “a CEO of a small company,” with responsibility for the concession stands “for all the games,” including purchasing, staffing, and distribution of the proceeds. Id. at 177. He also presided over the Big J’s meetings, represented it before the school board, and was the person to whom board members could direct their questions about the organization and its activities. Id. at 178. This took a substantial amount of time; during football season, the organization’s busiest period, it involved “a few hours a day” and “four or five hours for game days.” Id. Michael L. also agreed to keep score for the District’s girls’ basketball games. Vol. 4 p. 170. In November or December of 2005, near the beginning of the girls’ basketball season, Ravida approached Michael L. at a game and told him that his previous scorekeeper’s job schedule had suddenly changed and that Ravida therefore needed a new scorekeeper. Id.; Vol. 3 pp. 102-03; Vol. 5 pp. 132-33; Joint Ex. 1 ¶ 49. Ravida also told Michael L. that the job paid $25 per game. Vol. 3 pp. 103-04; Vol. 4 p. 170. There were approximately 23 games in the season. Id. at 171. Michael, who was still on disability, accepted immediately. Vol. 4 p. 170. By January of 2006 Dawn and Michael L. had decided to file the instant lawsuit. Prior to the actual filing on January 27, 2006, Document No. 1, Dawn spoke with local television newscasters on January 6, 13, 14, and 16, 2006. Vol. 3 pp. 98-101; Vol. 4 pp. 17-18; Ex. 39-42. She was also interviewed for a story that aired on January 30, 2006. Vol 3 pp. 98-101; Ex. 43. Parkins saw at least one of the news stories and was aware that Dawn L. had been the subject of the interviews; members of the school board were also aware of newscasts. Vol. 5 pp. 58-59. “[R]ight after” the January 13, 2006 newscast and approximately “two thirds into the [girls’ basketball] season,” Ravida told Michael L. that on instructions from Penna, the District’s athletic director, Michael L. “couldn’t be scorekeeper anymore.” Vol. 4 pp. 172-75; Vol. 3 pp. 102-03; Vol. 5 pp. 6, 87; Joint Ex. 1 ¶ 50. Ravida had submitted Michael L.’s name for payment, “somebody” had seen his name on the list, “and that put up a red flag.” Vol. 5 p. 24; Vol. 4 pp. 172-73. Ravida told Michael L. that Michael L. “knew what was going on, but [Ravida] appreciated” his efforts. Vol. 4 at 172-73; Vol. 5 p. 24. At the time, Ravida “was just dancing around the question” of why Michael L. was being terminated and “was pretty much as upset as [Michael] was.” Vol. 5 p. 27. Michael L. then spoke with Penna, who told him that Parkins had told Penna that Michael L. “was no longer to keep score.” Vol. 5 pp. 198-99. The District’s proffered explanations for Michael L.’s termination are inconsistent and implausible. Penna testified that Michael did not have the child abuse and criminal history clearances the District required of all its volunteers and employees and was therefore ineligible to be scorekeeper. Vol. 5 pp. 57, 83-84, 86; Joint Ex. 1 ¶ 45; see also Ex. 37. Michael had, however, received the necessary clearances and been approved as a volunteer by the school board on September 8, 2005, several months before the start of the basketball season. Vol. 5 pp. 90-92; Ex. 67 p. 4. There was also the suggestion that Michael L. was terminated because the school board had never authorized his hiring. Ex. 15; see also Ex. 14; Vol. 5 pp. 9-10, 133-34. That does not, however, explain why Michael L. had to be removed as scorekeeper. In light of his willingness to volunteer for practically anything connected with the District, it seems likely that Michael L. would have agreed to continue keeping score without pay, at least until such time as the issue of authorization of payment could have been resolved. See Vol. 5 pp. 7, 27. Ravida did not, however, offer Michael L. that option. Id. The testimony regarding the payment process itself was also inconsistent and implausible. Ravida testified that he “always” submitted applications for payment of scorekeepers to Penna for transmission to the school board. Vol. 5 p. 134. Penna, by contrast, first disclaimed any responsibility for seeing that any worker was paid, then testified that his office processed payment information and transmitted it to the District’s business manager. Id. at 84-85. Ravida also testified that notwithstanding the practice he “always” followed, in Michael L.’s case he “didn’t have time” to submit the application for payment while Michael L. was keeping score and never subsequently attempted to get him approved for payment because he “kind of got into the season, and then ... got one of the students ... to keep score....” Vol. 5 pp. 134-35. Also, after testifying that it was Penna’s responsibility to transmit information to the school board, Ravi-da went on to state that Penna had asked Ravida if Michael L. had been approved for payment by the board before telling him that Michael L. could no longer serve as scorekeeper. Id. Parkins and members of the school board attended District athletic events. Vol. 3 pp. 117-18; see also Vol. 4 p. 15. In addition, Michael L. appeared before the school board several times in his capacity as president of the Big J during the period in which he served as scorekeeper. He also “talked to Tony Penna before every home game.... ” Vol. 4 p. 178; Vol. 5 p. 36. The District had ample notice of Michael’s work as scorekeeper and ample opportunity to discuss it with him. The Court therefore finds it vanishingly unlikely that if either Michael’s clearan