Full opinion text
OPINION & ORDER KENNETH M. KARAS, District Judge: Plaintiffs, five Jewish students who attended schools in the Pine Bush Central School District (“PBCSD” or “the District”), bring this Action against the District and several PBCSD Administrators under Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq. (“Title VI”), the Equal Protection Clause, U.S. Const, amend. XIV, § 1, under 42 U.S.C. § 1983 (“Section 1983”), and New York Civil Rights Law §§ 40-c and 40-d. Plaintiffs’ claims arise from anti-Semitic harassment that Plaintiffs allegedly suffered while they were enrolled in the District. Defendants move for summary judgment with respect to the claims brought by T.E., D.C., and O.C., pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the following reasons, Defendants’ Motion is granted in part and denied in part. I. BACKGROUND A. Factual History The harassment alleged by Plaintiffs in this case spans half a decade and three separate schools within PBCSD: Pine Bush Elementary School (“PBE”), Crispell Middle School (“Crispell”), and Pine Bush High School (“PBHS”). In addition to the District itself, Plaintiffs named the PBCSD Administrators who oversaw these schools as Defendants. These Defendants include Philip Steinberg, (“Steinberg” or “the Superintendent”), the Superintendent of PBCSD from 2008 to 2013; Steve Fisch (“Fisch”), the Principal of PBE from 1991 to 2011; John Boyle (“Boyle”), the Principal of Crispell since 2002; Robert Peters (“Peters”), the Assistant Principal of Cris-pell from 2007 to 2010; Eric Winter (“Winter”), the Assistant Principal of Crispell from 2010 to 2011; and Aaron Hopmayer (“Hopmayer”), the Principal of PBHS from 2007 through the time of his deposition. (Fisch Deposition Tr. (“Fisch”) 17 (Wilson Decl. Ex. 4 (Dkt. No. 79)); Boyle Deposition Tr. (“Boyle”) 16-17, 20 (Wilson Decl. Ex. 5 (Dkt. No. 79)); Hopmayer Deposition Tr. (“Hopmayer”) 28 (Wilson Decl. Ex. 7 (Dkt. No. 79)); See Declaration of Ilann M Maazel (“Maazel Decl.”) Ex. 2 (Dkt. No. 63) (chart summarizing administrators that were in charge during the relevant times and at the relevant locations to Plaintiffs’ claims)).) . For the purposes of the instant Summary Judgment Motion, the Court will consider the harassment allegedly suffered by Plaintiffs D.C., T.E., and O.C., as well as the District’s response to that harassment. The specifics of many of the incidents of harassment alleged, as well as the District’s response — or lack thereof — are contested, even though Defendants do not dispute many of them for the purposes of the instant Motion. {See Defs.’ Rule 56.1 Statement (“Defs.’ 56.1.”) (Dkt. No. 76); Pis.’ Response to Defs.’ Rule 56.1 Statement (“Pis.’ 56.1 Resp.”) (Dkt. No. 71); Defs.’ Reply to Pis.’ 56.1 Counterstatement (“Defs.’ 56.1 Resp.”) (Dkt. No. 81).) Plaintiffs’ allegations catalogue years of harassment at the hands of their fellow students, but a few key incidents, and the District’s responses thereto, are informative for the purposes of the instant Motion. 1. Plaintiff D.C. D.C. is a male student who claims to have suffered anti-Semitic harassment and to have been subject to physical and verbal threats during his enrollment in PBCSD from sixth through twelfth grade. (See Defs.’ 56.1 Resp. ¶ 50; D.C. Deposition Tr. (“D.C.”) 28 (Wilson Decl. Ex. 11 (Dkt. No. 79)).) He alleges that, throughout this time, other students physically and verbally threatened him by “pellet[ing]” change at him, telling him he “was going to be burned in an oven,” and that “if [he] did anything [in response to this harassment,] that they knew where [he] lived.” (Defs.’ 56.1Resp. ¶¶ 51-53; D.C. 28.) D.C. also witnessed “swastikas everywhere in the high school and in the middle school” that he. testified “would be impossible” for teachers to miss. (Defs.’ 56.1 Resp. ¶ 55; D.C. 11.) He further describes “fairly constant” harassment, during his years in PBCSD, (D.C. 66-67), during which time he was called “countless” names, including “dirty jew,” “filthy jew,” “stupid Jew,” “fat Jew,” “Jew faggot,” “fucking Jew kike,” “ashes,” “dust,” and “mocky fuck.” (Defs.’ 56.1Resp. ¶¶ 56-57; D.C. 68-69.) When D.C. was in sixth grade, a girl who “bullfied D.C.] constantly” on the school bus yelled “F’ing Jew” while D.C. was on the bus. (Defs.’ 56.1 Resp. ¶ 290; D.C. 29.) Mr. C., D.C.’s father, reported the slur to Boyle, (see Defs.’ 56.1 Resp. ¶ 291; D.C. 29; Mr. C.’s Deposition Tr. (“Mr. C.”) 10, 13 (Wilson Decl. Ex. 12 (Dkt. No. 79))), and told Boyle that D.C. “had been the butt of many Jewish jokes,” that the bus incident “crossed a very severe line,” and that D.C. was being harassed by “multiple kids over the course of that year” and was experiencing intolerance from “a lot of kids,” (Defs.’ 56.1 Resp. ¶¶ 292-93; Mr. C. 10-13). When Boyle told Mr. C. that the incident would be handled on an individual basis, Mr. C. told Boyle that “this isn’t an individual thing, this is systemic.” (Defs.’ 56.1 Resp. ¶¶ 294-295; Mr. C. 13.) Mr. C. further told Boyle that D.C. was hearing Jewish jokes from older students on the school bus, which transported both middle and high school students. (See Defs.’ 56.1 Resp. ¶ 296; Mr. C. 14.) During a followup call about this incident, Boyle informed Mr. C. that a girl involved in the harassment had been spoken to. (See Defs.’ 56.1 Resp. ¶ 267; Mr. C. 15.) However, Boyle had no response to Mr. C.’s question about how the District would handle “all the other kids that [we]re making Jewish jokes,” (Defs.’ 56.1 Resp. ¶ 298; Mr. C. 15), and also did not follow up with Mr. C. about addressing anti-Semitism in the school, (Mr. C. 57-58; Boyle 309). Boyle does not remember Mr. C. reporting harassment of D.C. by multiple children, nor any discussion with Mr. C. of systemic harassment or anti-Semitism, but instead recalls the incident involving “one kid on the bus.” (Boyle 167-70.) D.C. attempted to discuss this incident with Boyle, but Boyle “dismissed it so that he could reprimand [D.C.] for playing video games in the computer lab, when all the other students were also playing video games in the computer lab.” (Defs.’ 56.1 Resp. ¶ 301; D.C. 29.) When D.C. was in seventh grade, students repeatedly sang and chanted a “song about stomping the niggers and killing the Jews and washing off their blood,” in both the school cafeteria near D.C.’s table, and on D.C.’s bus. (D.C. 73.) When students sang this “white power song” on D.C.’s bus, D.C. complained to the bus driver, but the white power chants continued — in fact, other students found out that D.C. had complained and the harassment “got worse.” (Defs.’ 56.1 Resp. ¶¶ 314-17; D.C. 72-77.) When D.C. was in eighth grade, D.C. notified his science teacher of a “giant swastika ... [approximately] a foot in diameter” in the boys’ bathroom. (Defs.’ 56.1Resp. ¶¶ 306-07; D.C. 11-12.) The teacher saw the swastika, and it was removed. (See Defs.’ 56.1 Resp. ¶¶ 308-09; D.C. 11-13.) However, “a couple days” later, the swastika reappeared and D.C. reported it to his Spanish teacher. (Defs,’ 56.1Resp. ¶¶ 309-10; D.C. 11-12.) Although D.C. could not be sure whether the second swastika he reported was removed, he testified that other swastikas in the bathroom were not removed. (See Defs.’ 56.1Resp. ¶ 311; D.C. 13.) When D.C. was in ninth grade, another student “would constantly berate [D.C.],” telling him that D.C.’s “ancestors died in the Holocaust,” calling D.C. “ashes,” and pantomiming the blowing of dust off his hands while telling D.C. that he was “just ashes.” (Defs.’ 56.1 Resp. ¶¶ 56, 318; D.C. 69-70.) The same student would slap D.C. in the face as the student got off the bus and smirk at D.C. (See Defs.’ 56.1 Resp. ¶ 56; D.C. 70.) Other students joined in this harassment, slapping D.C. in the face and telling him “shut up, D., or I will burn you in an oven.” (Defs.’ 56.1 Resp. ¶ 57; D.C. 70.) The bus driver did nothing in response to this harassment, which continued throughout D.C.’s ninth grade year. (See Defs.’ 56.1 Resp. ¶¶ 319-20; D.C. SO-SO.) D.C. also witnessed students in the school cafeteria and classrooms performing “Hitler salutes,” both to each other and to D.C. (Defs.’ 56.1 Resp. ¶ 321; D.C. 72-73, 85-86.) D.C. testified that these students “didn’t hide” their behavior and made “no attempt to conceal” it, and that D.C. “c[ouldn’t] really imagine [adults in the school] missing it.” (Defs.’ 56.1 Resp. ¶ 322; D.C. 86.) When D.C. was in tenth grade, a student in D.C.’s trigonometry class was “constantly making anti-Semitic jokes” and picking on another Jewish student. (Defs.’ 56.1 Resp. ¶ 323; D.C. 92-95.) D.C. confronted the student, who was sitting “in the first row” only “two feet” from the teacher, Ms. King. (Defs.’ 56.1 Resp. ¶¶ 324-328; D.C. 92-95.) Ms. King told the offending student to “stop it.” (Defs.’ 56.1 Resp. ¶ 328; D.C. 94.) Ms. King spoke with the offending student, during which time the student discussed “how he could kick [D.C.’s] ass.” (Defs.’ 56.1 Resp. ¶ 329; D.C. 94.) While Defendants do not dispute this exchange for the purposes of the instant motion, Ms. King claims to have provided the offending student with an oral warning to “make sure that [he] understood that he could not make comments like that at PBHS,” and she claims that the student “apologized to [Ms. King],” “indicated ... that he would not do it again,” and “did not threaten D.C. during [the] conversation.” (Defs.’ 56.1Resp. ¶ 328; Affidavit of Kelly King (“King Aff.”) ¶¶ 11-12 (Dkt. No. 82).) Later, in Ms. King’s math class, another student shouted that another classmate was a “fucking jew” and smirked at D.C, but was not punished. (Defs.’ 56.1 Resp. ¶ 331; D.C. 94.) Defendants dispute this later incident, as Ms. King claims to have neither heard the statement nor had the statement reported to her — in fact, Ms. King claims that she “did not ever hear students make anti-Semitic jokes about any student” when D.C. was in her class. (Defs.’ 56.1 Resp. ¶ 323; King Aff. ¶¶ 3,13, 14.) During his time at Crispell and PBHS, D.C. witnessed “swastikas everywhere” and testified that they were so prominently displayed that “[i]t would be impossible for [teachers or administrators] to miss the swastikas.” (Defs.’ 56.1 Resp. ¶ 55; D.C. 11.) Specifically, D.C. witnessed swastikas in the school bathrooms and on binders, lockers, and desks. (See Defs.’ 56.1 Resp. ¶ 55; D.C. 13-14.) He also witnessed swastikas in the textbooks issued to students for use in class or available in the school library. (See D.C. 19.) He reported swastika-defaced textbooks to his teachers “a couple of times,” (Defs.’ 56.1 Resp. ¶ 303; D.C. 20), but Plaintiffs claim that the teachers and District officials never effectively addressed the problem and that swastikas remained in “a majority of the textbooks,” (Defs.’ 56.1 Resp. ¶ 305; D.C. 17-19). The District disputes the textbook grafitti, claiming that a search of “almost 500 textbooks” used for “at least ten years at Crispell” yielded “no such swastikas” and only two books with grafitti that were “even arguably anti-Semitic.” (Defs.’ 56.1 Resp. ¶¶ 304-05; Affidavit of John Boyle (“Boyle AS.”) ¶¶ 14-16 (Dkt. No. 73).) The harassment D.C. suffered throughout his time in the District made him feel unsafe, as though “[e]very day ... was the wors[t] day of [his] life” and led D.C. to contemplate suicide. (Defs.’ 56.1 Resp. ¶¶ 66-67; D.C. 123-24.) After the bus incident in sixth grade, D.C. felt that “Mr. Boyle didn’t really care or couldn’t do anything about [the harassment],” and that “the system had apathy towards [D.C.], so [he] didn’t know who to talk to and [D.C.] thought [he] was on [his] own.” (Defs.’ 56.1 Resp. ¶ 302; D.C. 41.) Furthermore, “after alerting the teachers in eighth grade and seeing their ... inability ... to correct the problem,” D.C. felt “overwhelmed” and “did not report a lot of swastikas because [he] felt like [he] was fighting a losing battle and [that he] couldn’t make a difference.” (Defs.’ 56.1 Resp. ¶ 312; D.C. 20.) 2. Plaintiff T.E. T.E. is a female student who claims to have suffered anti-Semitic harassment and witnessed anti-Semitic incidents during her time at PBE and Crispell. Like D.C., T.E. witnessed swastika grafitti in the bathroom and on textbooks, desks, people, books, binders, notebooks, walls, and posters. (See Defs.’ 56.1 Resp. ¶ 33; T.E. Deposition Tr. (“T.E.”) 196, 267-68 (Wilson Deck Ex. 8 (Dkt. No. 79)).) Several of the incidents about which T.E. complains occurred during the 2008-2009 school year, when T.E. was in fifth grade at PBE. (See Defs.’ 56.1 Resp. ¶ 68; T.E. 6, 17.) In March 2009, a student on T.E.’s bus called her a “Jew” and gave the middle finger to T.E. and her mother. (See Defs.’ 56.1 Resp. ¶ 96; T.E. 34.) Mrs. E. reported the incident to both the bus driver, (see T.E. 35), and PBE Principal Fisch, (see Defs.’ 56.1 Resp. ¶ 97; Fisch 111-13.) Fisch discussed the incident with the offending student, who admitted to calling T.E. “a Jew and dirty Jew and other epithets.” (Defs.’ 56.1 Resp. ¶ 98; Fisch 122.) The student was given a 50-minute “recess detention,” and his parents were called, but the student was not forced to apologize to T.E. or her mother, do any assignment, or be subject to suspension or after-school detention. (See Defs.’ 56.1 Resp. ¶ 99; Fisch 131-134.) In April 2009, two of T.E.’s classmates— one of whom was the same student who had called T.E. a “Jew” on the bus— showed T.E. swastikas that were drawn in their planners. (See Defs.’ 56.1 Resp. ¶ 102; T.E. 25-30.) Mrs. E„ T.E.’s mother, reported this incident to Fisch, who allegedly told her “[w]hat’s the big deal, they didn’t aim [the swastikas] towards [T.E.], they were just writing in their book.” (Defs.’ 56.1 Resp. ¶¶ 104-05; Mrs. E. Deposition Tr. (“Mrs. E.”) 56-57 (Wilson Decl. Ex. 9 (Dkt. No. 79)).) While Defendants do not dispute Plaintiffs’ description of this incident for the purposes of the instant motion, they do note that “T.E. testified that she happened to see the swastikas, not that [the students] showed them to her,” and also contest the date on which this incident occurred. (See Defs.’ 56.1 Resp. ¶ 102.) Defendants also note that, • during Fisch’s deposition, he denied saying “[wjhat’s the big deal” to Mrs. E. (See Defs.’ 56.1 Resp. ¶ 105.) After Mrs. E. persisted, Fisch agreed to “talk with the kids.” (Defs.’ 56.1 Resp. ¶ 107; Mrs. E. 58.) He found swastikas in both students’ planners, spoke with the students for 15-20 minutes, and further spoke with Superintendent Steinberg, who did not recommend discipline. (See Defs.’ 56.1 Resp. ¶¶ 108-10, 113; Fisch 59-63; Steinberg Deposition Tr. (“Steinberg”) 133,. 169-70 (Wilson Decl. Ex. 1 (Dkt. No. 79)).) The Parties dispute whether any “disciplinary consequences” resulted from this incident, as Defendants assert that an oral warning or conference with the Principal is considered discipline under the District’s Code of Conduct. (See Defs.’ 56.1 Resp. ¶ 111.) Fisch testified that he spoke with the offending students about “the significance of the swastika” and “what an offensive symbol it was to a particular group [including Jewish people].” (Fisch 62.) Also in April 2009, T.E. saw a swastika carved into the slide on the PBE playground. (See Defs.’ 56.1 Resp. ¶ 76; T.E. 40^42.) Mrs. E. reported the swastika to Fisch no later than May 1, 2009. (See Defs.’ 56.1 Resp. ¶ 78; Fisch 152; Mrs. E. 73-75.) Fisch saw the swastika and claims to have put in a work order to have it removed. (See Defs.’ 56.1 Resp. ¶¶ 79-80; Fisch 155-59.) Mrs.- E. claims to have raised the issue with Fisch in June 2009 and again in September 2009, however, the swastika was still not removed. (See Defs.’ 56.1 Resp. ¶¶ 82-84; Fisch 165-67; Mrs. E. 76.) Defendants dispute the June and September reports, as Fisch testified that he did not remember Mrs. E. discussing the issue with him on those dates. (See Defs.’ 56.1 Resp. ¶¶ 83-85; Fisch 166-68.) At oral argument before the Court on July 17, 2014, Defendants continued to dispute whether Mrs. E. notified Fisch two or four times about the swastika, but contend that this dispute is irrelevant for the purposes of their Motion for Summary Judgment, as Fisch filed a work order to have the grafitti removed. (See July 17, 2014 Tr. 15.) In any case, Plaintiffs allege that between April 2009 and April 2010, Fisch never checked to confirm that the swastika had been removed, nor did anyone tell him that the swastika was removed, rather he simply “believe[d] it had been taken care of.” (Defs.’ 56.1 Resp. ¶¶ 86-87; Fisch 162, 178-79.) On April 19, 2010, when T.E. was in sixth grade and enrolled at Crispell, Mrs. E. saw that the swastika was still present on the slide at PBE, took a picture, and emailed the photo to the District’s Assistant Superintendent. (See Defs.’ 56.1 Resp. ¶¶ 88, 140; Maazel Decl. Ex. 19; Mrs. E. 100-05, 129-30.) Defendants do not dispute this account, for the purposes of the instant Motion, but note that it is not clear that the swastika observed was the same one that existed in April 2009. (See Defs.’ 56.1 Resp. ¶ 88; Fisch 179; July 17, 2014 Tr. 11.) In the same email, Mrs. E. noted that students on T.E.’s bus had been making “swastika symbols with their hands,” performing Hitler salutes, and discussed “do[ing] something ... to celebrate” the “anniversary of Hitler’s birthday.” (Defs.’ 56.1 Resp. ¶ 141; Maaz-el Decl. Ex. 19; Mrs. E. 102, 130.) The Assistant Superintendent forwarded Mrs. E.’s email to Fisch, Hopmayer, and Boyle and suggested that Fisch get the swastika removed. (See Defs.’ 56.1 Resp. ¶¶ 89-90; Fisch 169-73.) Fisch replied to suggest that “we go out and look at [the swastika grafitti] on cannabis culture day[, April 20, 2010].” (Defs.’ 56.1 Resp. ¶ 90; Fisch 173-76.) Fisch and the Assistant Superintendent then inspected the slide on April 20, 2010 and found the swastika. (See Defs.’ 56.1 Resp. ¶¶ 91-92; Fisch 177-78.) Fisch conducted no investigation into the origin of the grafitti and no one was disciplined as a result. (See Defs.’ 56.1 Resp. ¶ 95; Fisch 163.) Despite the fact that the Assistant Superintendent forwarded Mrs. E.’s April 19, 2010 email reporting students making “swastika symbols with their hands,” saluting Hitler, and planning to do something to “celebrate” the “anniversary of Hitler’s Birthday,” to Fisch, Boyle, Hopmayer, and Peters, (see Defs.’ 56.1 Resp. ¶¶ 141-42; Maazel Decl. Ex. 19; Mrs. E. 102; Fisch 181-82), nobody interviewed any students on T.E.’s bus or asked T.E. which students were making the offensive symbols and salutes, (see Defs.’ 56.1 Resp. ¶¶ 143-44; Carbone Deposition Tr. (“Carbone”) 297-99, (Wilson Decl. Ex. 2 (Dkt. No. 79)).). Defendants do not dispute that Fisch, Boyle, Peters, and Hopmayer did nothing in response to Mrs. E.’s complaint. (See Defs.’ 56.1 Resp. ¶¶ 146-49; Fisch 185; Boyle 181-192;); Peters Deposition Tr. (“Peters”) 269-79 (Wilson Decl. Ex. 6 (Dkt. No. 79)); Hopmayer 308-09, 313.) T.E. did not attend school on April 20, 2010, but when she boarded the bus the next day, the driver “yelled at [her] in front of everybody on the bus” and “called [her] a liar.” (Defs.’ 56.1 Resp. ¶¶ 151-52; T.E. 56, 62-63.) When T.E. took out her phone to contact Mrs. E., the driver told T.E. to “put [her] phone away,” was “screaming in [her] face,” and told T.E. to “stop crying.” (Defs.’ 56.1 Resp. ¶ 153; T.E. 65.) After this incident, T.E.’s mother drove T.E. to school for the rest of the year. (See Defs.’ 56.1 Resp. ¶ 154; T.E. 66.) During T.E.’s seventh grade year, the anti-Semitic harassment continued. In April 2011, Mrs. E. sent an email to Winter, Steinberg, and others explaining that a student in T.E.’s English class had called T.E. “[c]rispy” and said that “she should have been burned.” (Defs.’ 56.1 Resp. ¶ 168; Steinberg 263; Maazel Decl. Ex. 8.) T.E. also reported similar comments made by another student to Winter, specifically that T.E. “[w]as crispy” and “should have been burned a while ago.” (Defs.’ 56.1 Resp. ¶ 169; T.E. 115.) The Parties dispute whether discipline resulted from the reporting of these incidents. Defendants claim that Winter “investigated by speaking with T.E.” and the offending students, and that Winter gave one student an oral warning and counseled him about the statement. (Defs.’ 56.1 Resp. ¶ 169.) Defendants further claim that Winter determined that the statement by the second student had been “made eight months before the report” and that' “T.E. had called him ‘fat,’ ” but otherwise do not dispute Plaintiffs’ assertion that no discipline resulted from this incident. (Id.) Moreover, Defendants do not dispute Plaintiffs’ assertion that when Mrs. E. told Winter that T.E. was “coming home on a daily basis upset and afraid to go to school ... that there [were] swastikas everywhere [including] in her classroom, [and] that its being ignored, th[at] kids are allowed to treat her this way,” Winter responded by saying that “anti-Semitism is prevalent in the community ... and that it’s rather hard to stop something that’s inbred in the community.” (Defs.’ 56.1 Resp. ¶ 169(d-e); Mrs. E. 117-19.) On April 28, 2011, in T.E.’s math class, one student said that another student “didn’t know something because he was a Jew.” (Defs.’ 56.1 Resp. ¶ 207; T.E. ,160.) Defendants dispute whether this incident is reflected in Winter’s notes and whether T.E.’s testimony refers to the Amended Complaint or Winter’s notes, but Defendants do not dispute that the incident occurred. (See Defs.’ 56.1 Resp. ¶ 207.) In May 2011,' T.E. reported a swastika on her desk to her music teacher, who “immediately” took the desk out of the room and notified Winter. (Defs’’ 56.1 Resp. ¶ 175; T.E. 167-68.) The Parties dispute whether the swastika remained on the desk for “two weeks,” as T.E. testified, or was promptly removed by Winter and a custodian the same day, as Winter testified. (Defs.’ 56.1 Resp. ¶ 175; T.E. 167-68; Winter Deposition Tr. (‘Winter”) 187-88 (Wilson Decl. Ex. 3 (Dkt. No. 79)).) Regardless, Defendants do not dispute that no student was disciplined as a result of the graffiti, nor that T.E.’s next music desk also was defaced with a swastika. (See Defs.’ 56.1 Resp. ¶ 175; T.E. 170.) Around the same time, T.E. reported anti-Semitic grafitti in the boys’ bathroom to Winter. (See Defs.’ 56.1 Resp. ¶ 176; T.E. 242-43.) The graffiti read “[f]uck the Jews” and also featured a Star of David with a male eighth-grade student’s name inside. (See Defs.’ 56.1 Resp. ¶ 176; T.E. 242.) In response to T.E.’s reporting, Winter told her that she “was looking for the trouble now.” (Defs.’ 56.1 Resp. ¶ 176; T.E. 243.) The Parties dispute whether any investigation resulted from this report, but Winter testified that he spoke with the male eighth-grade student, who reported, that he had not experienced any anti-Semi-tism, apart from the grafitti. (See Defs.’ 56.1 Resp. ¶ 176(d); Winter 426.) Defendants do not dispute Plaintiffs’ contention that no discipline was imposed with respect to this grafitti. (Defs.’ 56.1 Resp. ¶ 175; Winter 425-26.) By May 24, 2011, T.E. was “stressed every single day going to school ... to the point [where T.E. was] upset every day [when she came] home and complained how terrible it was at school.” (Defs.’ 56.1 Resp. ¶209; Mrs. E. 173-75.) Mrs. E. emailed Winter, Steinberg, Carbone, Boyle, and PBCSD Board member Eric Meier (“Meier”), telling them that the harassment of her daughter over’ a period of three years “has escalated every year to the point that [T.E.] now begs me to not have to return to this school.” (Defs.’ 56.1 Resp. ¶¶ 211-12; Maazel Decl. Ex. 22; Winter 182.) In fact, Mrs. E. had multiple communications with Winter about antiSemitic harassment, (see Defs.’ 56.1 Resp. ¶ 184; Winter 181, 388-89), and Winter admitted to being informed of “18 or more anti-Semitic incidents” in the 2010-2011 school year, (Defs.’ 56.1 Resp. ¶ 185; Winter 400). In response to Mrs. E.’s complaints, Mr. Winter told her “that [T.E. and O.C.] would not have [had to] know about most of the Swastikas if they had not asked people to inform them if they saw any,” and that if they “weren’t asking to be shown the offenses they wouldn’t be as stressed /upset by them.” (Defs.’ 56.1 Resp. ¶¶ 214-15; Maazel Ex. 24; see Winter 208-09.) Mrs. E. memorialized Winter’s statements in a May 26, 2011 email to Winter, to which she copied Steinberg, Carbone, Boyle, Meier, PBCSD Board member Lloyd Greer (“Greer”), and others. (See Defs.’ 56.1 Resp. ¶ 216; Maazel Decl. Ex 24.) On May 31, 2011, Mrs. E. emailed Winter, Steinberg, Carbone, Boyle, Meier, and others, relaying an incident that T.E. witnessed on the bus in which one student had drawn a picture on his stomach and “said it is a Hasidic Jew, so let’s shove pennies in his mouth.” (Defs.’ 56.1 Resp. ¶ 213; Maazel Decl. Ex. 25; T.E. 161-65.) Defendants do not dispute that the offending student was not disciplined for this incident, though they note that he refused to return to the school and withdrew from the District. (See Defs.’ 56.1 Resp. ¶ 213.) Also on May 31, 2011, Mrs. E. emailed Winter, Steinberg, Carbone, Boyle, Meier, and others to tell them that she had received “a frantic message from [T.E.] regarding [a PBHS student on her bus who] has a history of chanting white power and pro[-]Hitler statements.” (Defs.’ 56.1 Resp. ¶ 218; Maazel Decl. Ex. 26; T.E. 152-53.) This email stated that the older student “pushed [T.E.] in [a seat] and sat with her” and said that when T.E. “is in 8th grade that she is going to get her ass kicked.” (Maazel Decl. Ex. 26.) Neither Winter, Steinberg, Carbone, nor Boyle spoke with the offending student, interviewed T.E. or witnesses about the incident, imposed any discipline, or stopped the offending student from riding the bus with T.E. (See Defs.’ 56.1 Resp. ¶ 219.) Defendants note that “[n]o punishment could be imposed on [the offending student] because he was graduating and no longer rode the bus.” (Id.) T.E. testified that she witnessed students making Hitler salutes and singing white power chants on the school bus on a “daily” basis. (Defs.’ 56.1 Resp. ¶ 34;' T.E. 51, 90,197-98.) When T.E. was in sixth or seventh grade at Crispell, Mrs. E. had “a conversation with Mr. Steinberg regarding what was going on in the schools and how upset [T.E.] was.” (Defs.’ 56.1 Resp. ¶ 201; Mrs. E. 109.) Mrs. E. told Steinberg about the swastika grafitti “on the bathroom walls,” “on the desks,” “on the lockers,” and “on people’s notebooks,” and expressed that T.E. “does not feel comfortable here.” (Defs.’ 56.1 Resp. ¶¶ 202-OS; Mrs. E. 110.) Steinberg responded by saying that “when [he] had this issue when [his] kids were in school, [he] moved.” (Defs.’ 56.1 Resp. ¶ 204; Mrs. E. 110.) When T.E. was in eighth grade, she continued to hear anti-Semitic slurs “on almost a daily basis” and recalls that “people would use Jew like they would use the N word.” (Defs.’ 56.1 Resp. ¶264; T.E. 196.) She also saw swastikas “everywhere” in the school, (Defs.’ 56.1 Resp. ¶ 265; T.E. 196), though Defendants dispute this point based on T.E.’s failure to provide specifics about this grafitti upon cross-examination, (see Defs.’ 56.1 Resp. ¶ 265; T.E. 276-80). T.E. also recalls people “salut[ing] Hitler all the time.” (Defs.’ 56.1 Resp. ¶ 266; T.E. 197.) At some point in T.E.’s eighth grade year, she noticed swastika graffiti in one of the school bathrooms. (See Defs.’ 56.1 Resp. ¶ 267; T.E. 196-97.) T.E. “told [Boyle] exactly where it was,” but Boyle claimed not to see it. (Defs.’ 56.1 Resp. ¶ 267; T.E. 196.) When T.E. went in the bathroom later, it was still there. (See Defs.’ 56.1 Resp. ¶ 268; T.E. 196-97.) On January 23, 2012, during T.E.’s math midterm examination, she witnessed several students “saluting Hitler.” (Defs.’ 56.1 Resp. ¶ 272; T.E. 213-15.) The Parties dispute whether T.E. reported this incident to the Crispell Assistant Principal Christopher Mummery, (see Defs.’ 56.1 Resp. ¶ 273; T.E. 216; Affidavit of Christopher Mummery (“Mummery Aff.”) ¶ 18 (Dkt. No. 75)), but do not dispute that no investigation was conducted or that nobody was disciplined with respect to this incident, (see Defs.’ 56.1 Resp. ¶ 274). On January 24, 2012, a student sitting in the front of T.E.’s health class made an anti-Semitic “joke” about Jews and concentration camps. (See Defs.’ 56.1 Resp. ¶ 275; T.E. 216-17; Mummery Aff. ¶ 20.) T.E. reported this statement to Mummery, who met with the student and gave him two lunch detentions. (See Defs.’ 56.1 Resp. ¶ 276, 278; T.E. 218; Mummery Aff. ¶¶ 20-22.) Mummery also asserted that he “directed [the offending student] to write an essay about the Holocaust” as part of his punishment. (Mummery Aff. ¶ 21.) On January 25, 2012, a student threw a coin at T.E. in the Crispell hallway. (See Defs.’ 56.1 Resp. ¶¶41, 279; T.E. 220-28.) Defendants concede that this incident was reported to Boyle, but state that the students Boyle questioned disputed T.E.’s accusation. (See Defs.’ 56.1 Resp. ¶ 280; Boyle 85-86.) The same day, T.E. told her mother that “if she had to go back to the school ever again she was going to have a nervous breakdown.” (Defs.’ 56.1 Resp. ¶ 281; Mrs. E. 201.) Mrs. E. took T.E. to Mobile Mental Health, to meet with a counselor “who said that ... [Crispell] was [not] a healthy place for her.” (Defs.’ 56.1 Resp. ¶ 282; Mrs. E. 201.) T.E. subsequently left PBCSD and was home schooled. (See Defs.’ 56.1 Resp. ¶283; T.E. 235-36; Mrs. E. 201-02.) 3. Plaintiff O.C. O.C. is a female student, the sister of D.C., and a classmate of T.E., who also claims to have suffered anti-Semitic harassment during her time at PBE, Cris-pell, and PBHS. O.C. testified to observing swastika grafitti in the bathrooms and on books, desks, her yearbook picture, her school locker, binders, windowsills, and on the cafeteria door. (See Defs.’ 56.1 Resp. ¶ 47; O.C. Deposition Tr. (“O.C.”) 52-54, 84, 89, 107-08, 119-20, 137, 215-16 (Wilson Decl. Ex 10 (Dkt No. 79)).) During O.C.’s sixth grade year, 2009-2010, O.C. suffered several incidents of harassment. When her class was watching a Holocaust video, a student made “his hand in the shape of a gun[,] [pointed it] at [O.C.’s] head[,]” and, when T.E. asked what he was doing, replied that “he was killing Jews.’” (Defs.’ 56.1 Resp. ¶127; O.C. 9; T.E. 77.) T.E. and O.C. reported this to their teacher, who spoke with the offending student in the hallway. (See Defs.’ 56.1 Resp. ¶¶ 128-29; O.C. 9-12.) When the student returned to class, he was crying. (See Defs.’ 56.1 Resp. ¶ 129; O.C. 12.) However, the same student continued to “mak[e] ethnic slurs towards [O.C.],” even after this incident. (Defs.’ 56.1 Resp. ¶ 130; O.C. 13.) The same year, while at a picnic with her class, another student “found a penny” in the volleyball pit, “picked it up and said ‘[l]ook I am being a Jew.’ ” (Defs.’ 56.1 Resp. ¶ 46; O.C. 14.) When O.C. told the student that his statement was offensive, “he took the sand and smashed it in [O.C.’s] hair.” (Defs.’ 56.1 Resp. ¶46; O.C. 14-15.) A fight between O.C.’s then boyfriend and the offending student resulted. (See Defs.’ 56.1 Resp. ¶ 131; O.C. 14-18; T.E. 81-84.) Mrs. E. was told that the anti-Semitism that started [the fight] “didn’t matter” and that the school would only look into the fight. (Mrs. E. 113.) O.C. also testified another student threw pennies at her “during recess for an entire, month” in sixth grade. (Defs.’ 56.1 Resp. ¶ 49: O.C. 79-80.) At some point that year, Mr. C. reported to Peters that O.C. had pennies thrown at her and that she had been subjected to anti-Semitic jokes. (See Defs.’ 56.1 Resp. ¶ 133; Mr. C. 15-18.) Peters told Mr. C. that he would “look into it,” (Defs.’ 56.1 Resp. ¶ 134; Mr. C. 18-19), but Peters does not remember Mr. C. ever complaining about anti-Semitism at Cris-pell, (see Defs.’ 56.1 Resp. ¶ 133; Peters 214). When O.C. was in seventh grade (2010-2011), students called her “Christ killer” and “dirty Jew,” and told anti-Semitic jokes, including “what is the difference between a pizza and a Jew[?] [W]hen it goes in the oven a pizza doesn’t scream.” (Defs.’ 56.1 Resp. ¶ 48; O.C. 99-100.) On April 14, 2011, O.C. told Boyle that her best Mend had been held down and that two students had drawn a swastika on her Mend’s face. (See Defs.’ 56.1 Resp. ¶ 170; O.C. 68; Boyle 7.) Defendants dispute several aspects of this incident, as Boyle testified that he spoke with the student involved, who said that the students were “joking” and that the incident was not meant to be offensive. (Defs.’ 56.1 Resp. ¶ 170(a); Boyle 97.) When O.C. spoke with Boyle, she was crying, and O.C. testified that Boyle asked her why she found the incident offensive if it wasn’t directed toward her. (See - Defs.’ 56.1 Resp. ¶ 170(b); O.C. 68.) Defendants dispute this exchange, as Boyle testified that he never made such a statement to O.C. and instead testified that he remembered “saying it’s offensive to everybody.” (Defs.’ 56.1 Resp. ¶ 170(c); Boyle 198.) On a separate occasion in seventh grade, two students held O.C.’s hands behind her back at recess and “tried to shove a quarter down [her] throat.” (Defs.’ 56.1 Resp. ¶ 45; O.C. 63-64.) On April 27, 2011, a student called O.C. a “F’ing Jew.” (Defs.’ 56.1 Resp. ¶ 172; Winter 95.) Winter gave this student two hours of detention and his' parents were notified. (See Defs.’ 56.1 Resp. ¶ 172(a); Winter 110; Sneed Decl. Ex. EE (Dkt. No. 77).) One day in seventh grade English class, O.C. saw a swastika on her desk and reported it to Winter. (See Defs.’ 56.1 Resp. ¶ 174; O.C. 43-44; Winter 89-90.) The swastika was removed, but “a different swastika” appeared on her desk “[t]he next day.” (Defs.’ 56.1 Resp. ¶ 174; O.C. 45-46.) O.C. again reported it to Winter and, the following day, another student told O.C. that there were “three swastikas on [O.C.]’s desk with [O.C.’s] name” in the swastikas and “die Jew” or “damn Jew.” (Defs.’ 56.1 Resp. ¶ 174; O.C. 45-46, 53-54.) O.C. asked her English teacher if she could see Winter, and the teacher “made a speech in front of the class” to the effect that students “shouldn’t get up during class” and that O.C. should “sit at a different desk.” (Defs.’ 56.1 Resp. ¶ 174(h); O.C. 49.) O.C. later reported this incident to Winter because she “felt threatened and [she] wanted to figure out who did it.” (Defs.’ 56.1 Resp. It 174; O.C. 47.) O.C. testified that Winter told her English teacher “to just watch the desk,” (Defs.’ 56.1 Resp. ¶ 174(j); O.C. 48), though Defendants dispute this and suggest that Winter conferred with the teacher, looked at seating charts, and spoke to O.C. and the student who witnessed the grafitti, but could not determine who was responsible, (see Defs.’ 56.1 Resp. ¶ 174(j); Winter 92-93). The Parties dispute whether O.C. later told Winter that a student had admitted to being the perpetrator, as there is no evidence that O.C. told Winter that the student had confessed, and Winter was under the impression that the student was not responsible. (See Defs.’ 56.1 Resp. ¶ 174(k); O.C. 48; Winter 93.) During their seventh grade year, T.E. and O.C. regularly reported anti-Semitic harassment to Winter. (See Defs.’ 56.1 Resp. ¶ 182; Winter 60-61, 70-71, 77, 88, 95, 97, 113, 141, 189, 303-04, 393-94, 425.) The girls complained to Winter so frequently that he told them to “stop coming as often as [they] did,” and that they “were looking for trouble.” (Defs.’ 56.1 Resp. ¶ 159; T.E. 102.) In response, T.E. and O.C. began writing down each incident of anti-Semitic harassment and “bringing] it to [Winter] at the end of the week,” to which Winter responded that they “were now just looking for trouble and that [they] were causing [their] own problems.” (Defs.’ 56.1 Resp. ¶ 160; T.E. 102-03.) The same year, Mr. C. had “at least three phone conversations” with Winter about the anti-Semitic harassment that O.C. suffered, specifically that O.C. was “called Christ killer, dirty Jew, stinking Jew, ha[d] pennies thrown at her and ... [found] swastikas,” including the one near O.C.’s yearbook picture. (Defs.’ 56.1 Resp. ¶¶ 177-78; Mr. C. 20-22.) In response, Winter said that he would “deal with it on an individual basis.” (Defs.’ 56.1 Resp. ¶ 179; Mr. C. 21.) Mr. C. told Winter that “this isn’t an individual problem, this is systemic, and ... a much broader problem and you cannot deal with it individually.” (Defs.’ 56.1 Resp. ¶ 180; Mr. C. 22.) The Parties dispute whether Winter did “anything to address ... systemic anti-Semi-ti[c] harassment and bullying in the school.” (Defs.’ 56.1 Resp. ¶ 181; Mr. C. 59.) Defendants submit that, during Winter’s year as Crispell Assistant Principal, “there were three anti-bullying assemblies, a District[-]wide anti-bullying seminar for parents in June 2011, and bullying ■ and anti-Semitism were addressed within the curriculum, including through a Holocaust unit in eighth grade.” (See Defs.’ 56.1 Resp. ¶ 181; Affidavit of Joan Carbone (“Carbone Aff.”) ¶¶ 12-13, 30 (Dkt. No. 51).) On June 15, 2011, a student showed T.E. a swastika “made out of pipe cleaner” and told T.E. that he was going to give it to O.C. (Defs.’ 56.1 Resp. ¶251; O.C. 55-56, T.E. 95-96, Winter 303-06). During the last week of seventh grade, O.C. reported to Winter that a swastika had been drawn near her photo in another student’s yearbook. (See Defs.’ 56.1 Resp. ¶253; O.C. 84-85; Winter 393-97.) Winter documented the name of the student who had drawn the swastika in his notes and crossed out the symbol with a marker. (See Defs.’ 56.1 Resp. ¶ 253(b); O.C. 85; Winter 393). The Parties dispute whether the District imposed discipline on the student responsible for the drawing, beyond merely speaking with the student, but Winter testified that he imposed a two-day out of school suspension for both the pipe-cleaner and yearbook incident, and wrote a letter to the student’s.mother about the suspension and misconduct. (See Defs.’ 56.1 Resp. ¶ 253(c); Winter 305-06). When O.C. was in eighth grade (2011-2012), she reported a drawing of a swastika and the word “gay” on a poster of President Obama to two teachers. (See Defs.’ 56.1 Resp. ¶284, OC 103-04; TE 269; Mummery Aff. ¶ 8.) The Parties dispute whether O.C. reported the swastika to Mummery once or twice before he removed it. (See Defs.’ 56.1 Resp. ¶ 285; O.C. 104; Mummery Aft. ¶¶ 7-9.) The Parties also dispute whether any action was taken or whether an investigation was made to determine who had defaced the poster. (See Defs.’ 56.1 Resp. ¶ 286; Mummery Aff. ¶ 8; Boyle 42.) O.C. also told Mummery that a student had drawn a swastika on her locker. (See Defs.’ 56.1 Resp. ¶287; O.C. 90-93.) Mummery testified that the graffiti was a Star of David rather than a swastika, but, regardless, he removed the graffiti from O.C.’s locker and had the offending student perform research and write an essay about the history of the Star of David. (See Defs.’ 56.1 Resp. ¶ 288; Mummery Aff. ¶¶ 9-10 and Ex. B.) The anti-Semitic incidents continued when O.C. enrolled in ninth grade at PBHS. She heard “ethinic slurs” and “Jew” in the PBHS hallways “every day.” (Defs.’56.1 Resp. ¶ 44; O.C. 217-18.) She was called a “fing Jew,” (Defs.’ 56.1 Resp. ¶ 289; O.C. 211-12), and also witnessed students threaten to hold another student down so that they could draw a swastika on the student, (see O.C. 213-15). In April 2013, O.C. noticed a swastika on a door in the cafeteria. (See Defs.’ 56.1 Resp. ¶ 47(k), 289; O.C. 215.) When she reported it to a security guard, he told her that the swastika had “been there five years.” (Defs.’ 56.1 Resp. ¶ 47(k), 289; O.C. 215-16.) After O.C. reported the swastika on the door, PBHS Principal Hopmayer asked the security guard to investigate but ultimately could not determine who drew the swastika; however, Hopmayer instructed a school custodian to remove it from the door. (See Defs.’ 56.1 Resp. ¶ 47(k); Hopmayer 375-84.) A The District’s Response In response to Plaintiffs’ allegations, the District contends that it responded appropriately to each of the incidents of which it was aware. Moreover — and in response to Plaintiffs’ allegation that the District never took widespread steps to address antiSemitism among PBCSD’s students — the District lists a number of measures it took to prevent harassment and bullying generally. With respect to Plaintiffs D.C., T.E., and O.C., the District points to two assemblies held at these Plaintiffs’ schools. In May 2009, when T.E. and O.C. were in fifth grade at PBE, Fisch held an assembly to discuss the “bullying problem” in the fifth grade class and sent a letter to students’ ■ parents informing them about the consequences of “any verified complaints about bullying behavior ... from any school related area including the bus.” (Defs.’ 56.1 Resp. ¶122; Fisch 139-42.) Fisch did not discuss anti-Semitism in the assembly, despite the fact that the assembly was held after the incidents in PBE involving swastikas on a slide and in student notebooks, and after a student called T.E. a “dirty Jew” on the bus. (Defs.’ 56.1 Resp. ¶ 122; Fisch 296-97.) On June 10, 2011, when T.E. and O.C. were in seventh grade, Crispell held an assembly in which a Holocaust survivor addressed a group of seventh grade students. (See Defs.’ 56.1 Resp. ¶¶ 222-23; Boyle 47.) While Defendants do not dispute Plaintiffs’ contention that “no one addressed anti-Semitism in Pine Bush [S]chools” at this assembly, (Defs.’ 56.1 Resp. ¶ 223; Steinberg 264),- Defendants note that both Winter and Steinberg spoke at the assembly and that Boyle testified that “Winter spoke of anti-Semitism or of discrimination,” (Defs.’ 56.1 Resp. ¶ 223; Boyle 158-59). While the Holocaust survivor spoke, one student told T.E. that “that was fucking stupid.” (Defs.’ 56.1 Resp. ¶ 224; T.E. 255; Winter 294.) Winter spoke with the student and made him apologize to the guest speaker. (See Defs.’ 56.1 Resp. ¶ 224; Winter 294-95.) Another student, was removed from the assembly because she was “talking nonstop.” (Defs.’ 56.1 Resp. ¶ 223; O.C. 71; Winter 292-93.) After the assembly, O.C. overheard people saying that the assembly was a waste of their time. (See Defs.’ 56.1 Resp. ¶ 226; O.C. 71.) On June 7, 2011, Mrs. E. and Mr. C. met with Steinberg, Greer, and others. (See Defs.’ 56.1 Resp. ¶ 228; Steinberg 268-69.) In this meeting, the parents told Steinberg about the swastikas, name-calling, Holocaust “jokes,” and that students had called their children “ashes” and “crispy.” (Defs.’ 56.1 Resp. ¶229; Mr. C. 46, 60.) They also showed Steinberg pictures of some of the swastikas that T.E. and O.C. had taken, and told Steinberg that the girls were “singled out and being bullied for being Jewish” and that T.E. and O.C. did not feel safe and wanted “to go to another school system” if Steinberg “c[ouldn’t] fix the problem.” (Defs.’ 56.1 Resp. ¶¶ 230-32; Mr. C. 46.) Mr. C. asked Steinberg to invite groups to school such as the Anti-Defamation League and to require online classes for the teachers. (Defs.’ 56.1 Resp. ¶ 234; Mr. C. 42-43.) The parents also requested that Steinberg allow T.E. and O.C. to transfer to another middle school and provide transportation to the new school. {See Defs.’ 56.1 Resp. ¶ 235; Mr. C. 49-50; Steinberg 271; Boyle 269-70.) Steinberg told them that “he didn’t know that the school would pay for that.” (Defs.’ 56.1 Resp. ¶ 236; Mr. C. 50.) On June 14, 2011, Mr. C. emailed Stein-berg requesting that he “[p]lease talk to the girls SOON [as t]hey continue to hear slurs on a daily basis.” (Defs.’ 56.1 Resp. ¶ 247; Maazel Deck Ex. 28; Steinberg 284-85.) The same day, Mrs. E. emailed Winter, Steinberg, and others to say that she had “been reporting these issues ... for 3 years and there has been no change,” and that the “current system of handling it on a case basis is not working. It has increased to being a daily occurrence.” (Defs.’ 56.1 Resp. ¶ 249; Maazel Decl. Ex. 29; Steinberg 287-88.) The following day, Mrs. E. emailed Winter, Steinberg, and others and said that “[w]e are still waiting for Mr. Steinberg to go speak with the girls.” (Defs.’ 56.1 Resp. ¶ 250; Maazel Deck Ex. 29.) On June 17, 2011, Steinberg met with T.E. and O.C. {See Defs.’ 56.1 Resp. ¶ 240; Steinberg 285.) In this meeting, the girls asked to transfer to a different middle school. {See Defs.’ 56.1 Resp. ¶ 241; Steinberg 315; Boyle 269, O.C. 73-78; T.E. 120-21, 177-79.) The Parties dispute whether Steinberg refused to pay for a bus for O.C. and T.E. {See Defs.’ 56.1 Resp. ¶ 242; O.C. 73-78; T.E. 120-21; 177-79; Boyle 269-70; Steinberg 315-16; Mrs. E. 187-88.) Defendants submit that Stein-berg informed Mrs. E. in June 2011 that T.E. and O.C. could transfer but that he did not have bus transportation available at the time, and requested that Mrs. E. “speak [to] him over the summer.” (Defs.’ 56.1 Resp. ¶ 242; Steinberg 315-17.) Steinberg claims that he “never heard from [Mrs. E.] after that meeting.” (Defs.’ 56.1 Resp. ¶ 242; Steinberg 316.) The Parties dispute whether the District’s schools had any anti-bullying efforts in place that specifically addressed antiSemitism prior to June 2011. {See Defs.’ 56.1 Resp. ¶¶ 383-85; Steinberg 234-35; Fisch 147; Boyle 47.) The District contends that its anti-bullying and tolerance programs and curriculum were “geared toward tolerance for all races and religions and sometimes specifically mentioned antiSemitism.” (Defs.’ 56.1 Resp. ¶¶ 383-85; Carbone Aff. ¶¶ 1-36 (cataloguing the District’s anti-bullying programs).) The District further argues that anti-Semitism is discussed in the District curriculum. (Defs.’ 56.1 Resp. ¶¶ 383-85; Carbone Aff. ¶¶ 11-13.) The Parties also dispute whether any letter was ever sent to parents or students about anti-Semitic conduct in a PBCSD school, (Defs.’ 56.1 Resp. ¶ 386), though Defendants dispute this point by referring to letters sent to individual students’ parents, explaining that such letters are always sent to students who receive suspensions, {see Defs.’ 56.1 Resp. ¶ 386; Maazel Deck Exs. 38, 39). As an example, Defendants cite the letter sent to the parents of the student who made a swastika out of pipe cleaners and showed it to T.E. {See Maazel Deck Ex 38.) In addition, the Parties dispute whether any District employee met with parents as a group to discuss anti-Semitism, {see Defs.’ 56.1 Resp. ¶ 387; Fisch 235; Winter 431-32), though the District argues that a meeting between Steinberg, Mr. C., and Mrs. E. during which they discussed the harassment of T.E. and O.C. constituted such a meeting, (see Defs.’ 56.1 Resp. ¶ 387; Steinberg 268-69). Regardless, Defendants concede that no survey was conducted to study anti-Semitism or bullying in the District’s schools. (See Defs.’ 56.1 Resp. ¶346; Steinberg 388; Fisch 234; Boyle 327.) The Parties also dispute whether administrators and teachers were trained about anti-Semitic bullying issues, (see Defs.’ 56.1 Resp. ¶ 389; Boyle 195-96, 301-02; Winter 172; Fisch 236, 301-02), with Defendants claiming that the District provided training on hate crimes and dealing with anti-Semitism in the classroom during the Superintendent’s Conference Days in September 2009, (see Defs.’ 56.1 Resp. U.389, Carbone Aff. ¶¶ 30(m), (o).) B. Procedural History On March 28, 2012, Plaintiffs filed their Initial Complaint. (See Dkt. No. 1). Plaintiffs filed their Amended Complaint on January 7, 2013. (See Dkt. No. 25.) In their Amended Complaint, Plaintiffs assert violations of their rights under Title VI of the Civil Rights Act against the District. They also assert violations of their right to equal protection under the U.S. Constitution and violations of New York Civil Rights Law against the District and several district administrators, specifically PBCSD Superintendent Philip G. Stein-berg, former Principal of Pine Bush Elementary Steve Fisch, and former Assistant Principal of Crispell Middle School Eric Winter, all in their individual capacities. (See id.) In addition, Plaintiffs name several individuals in their official capacities as school administrators, specifically Stein-berg, Hopmayer, Boyle, and Fisch. Defendants filed an Amended Answer on April 5, 2013. (See Dkt. No. 37.) On December 6, 2013, Defendants filed their Motion for Partial Summary Judgment (“Defs.’ Mem.”) and supporting papers, (see Dkt. Nos. 50-57), to which Plaintiffs timely responded with a Memorandum of Law in Opposition (“Pis.’ Mem.”) and supporting papers. (See Dkt. Nos. 63, 70-71.) Defendants filed a Reply Memorandum of Law in Support (“Defs.’ Reply”) along with supporting documents on February 21, 2014. (See Dkt. Nos. 81-84.) In addition to the Parties’ filings, on January 15, 2014, the United States Department of Justice requested leave to file a statement of interest in this Action. (See Dkt. No. 61.) The Court granted this request, (see id.), and the Department filed its Statement of Interest of the United States on January 24, 2014. (See Dkt. No. 67.) The Court heard oral argument on July 17, 2014. II. DISCUSSION A. Standard of Review Summary judgment shall be granted where the movant shows that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); see also Psihoyos v. John Wiley & Sons, Inc., 748 F.3d 120, 123-24 (2d Cir.2014) (same). “In determining whether summary judgment is appropriate,” a court must “construe the facts in the light most favorable to the non-moving party and ... resolve all ambiguities and draw all reasonable inferences against the movant.” Brod v. Omya, Inc., 653 F.3d 156, 164 (2d Cir.2011) (internal quotation marks omitted); see also Borough of Upper Saddle River, N.J. v. Rockland Cnty. Sewer Dist. No. 1, 16 F.Supp.3d 294, 313-14 (S.D.N.Y.2014) (same). Additionally, “[i]t is the movant’s burden .to show that no genuine factual dispute exists.” Vt. Teddy Bear Co., Inc. v. 1-800 Beargram Co., 373 F.3d 241, 244 (2d Cir.2004); see also Aurora Commercial Corp. v. Approved Funding Corp., No. 13-CV230, 2014 WL 1386633, at *2 (S.D.N.Y. Apr. 9, 2014) (same). “However, when the burden of proof at trial would fall on the nonmoving party, it ordinarily is sufficient for the movant to point to a lack of evidence to go to the trier of fact on an essential element of the nonmovant’s claim,” in which case “the nonmoving party must come forward with admissible evidence sufficient to raise a genuine issue of fact for trial in order to avoid summary judgment.” CILP Assocs., L.P. v. Price-Waterhouse Coopers LLP, 735 F.3d 114, 123 (2d Cir.2013) (alterations and internal quotation marks omitted). Further, “[t]o survive a [summary judgment] motion ..., [a nonmovant] need[s] to create more than a metaphysical possibility that his allegations were correct; he need[s] to come forward with specific facts showing that there is a genuine issue for trial,” Wrobel v. Cnty. of Erie, 692 F.3d 22, 30 (2d Cir.2012) (emphasis and internal quotation marks omitted) (quoting Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)), and “cannot rely on the mere allegations or denials contained in the pleadings,” Walker v. City of New York, No. 11-CV-2941, 2014 WL 1244778, at *5 (S.D.N.Y. Mar. 26, 2014) (internal quotation marks omitted) (citing, inter alia, Wright v. Goord, 554 F.3d 255, 266 (2d Cir.2009) (“When a motion for summary judgment is properly supported by documents or other evidentiary materials, the party opposing summary judgment may not merely rest on the allegations or denials of his pleading....”)). “On a motion for summary judgment, a fact is material if it might affect the outcome of the suit under the governing law.” Royal Crown Day Care LLC v. Dep’t of Health & Mental Hygiene of City of New York, 746 F.3d 538, 544 (2d Cir.2014) (internal quotation marks omitted). At summary judgment, “[t]he role of the court is not to resolve disputed issues of fact but to assess whether there are any factual issues to be tried.” Brod, 653 F.3d at 164 (internal quotation marks omitted); see also In re Methyl Tertiary Butyl Ether (“MTBE”) Prods. Liab. Litig., MDL No. 1358, No. M21-88, 2014 WL 840955, at *2 (S.D.N.Y. Mar. 3, 2014) (same). Thus, a court’s goal should be “to isolate and dispose of factually unsupported claims.” Geneva Pharm. Tech. Corp. v. Barr Labs. Inc., 386 F.3d 485, 495 (2d Cir.2004) (internal quotation marks omitted) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)); see also Schatzki v. Weiser Capital Mgmt., LLC, No. 10-CV-4685, 2013 WL 6189465, at * 14 (S.D.N.Y. Nov. 26, 2013) (same). B. Plaintiffs’ Title VI Claims 1. Jewish Identity and Title VI Title VI prohibits a recipient of federal funds from discriminating on the basis, of race, color, or national origin. See 42 U.S.C. § 2000d. The United States Department of Education’s regulations regarding Title VI further state that a recipient of federal funds may not, “on ground of race, color, or national origin ... [Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program.” 34 C.F.R. § 100.3(b)(l)(iv). Nor may a funding recipient, such as the District in this Action, “[d]eny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program” on the basis of race, color, or national origin. Id. § 100.3(b)(l)(vi). While Defendants do not seek dismissal of this Action on standing grounds, they sheepishly raise the question of whether Plaintiffs may bring a Title VI claim on grounds of deliberate indifference to antiSemitic harassment, stating that Defendants- have found “no prior case holding that claims of discrimination based on the [Plaintiffs’ identification as Jewish come within Title Vi’s protection.” (Defs.’ Mem. 25.) Defendants appear to correctly identify an area of legal ambiguity, at least to the extent that they suggest that there is a question as to whether religious bias alone can form the basis of a Title VI claim where it is not “deeply intertwined” with national origin. Moreover, some courts have held that “allegations of discrimination because one is Jewish ... do not by themselves state a claim for national origin discrimination.” Larson v. Portage Twp. Sch. Corp., No. 05-CV-431, 2006 WL 1660752, at *5 (N.D. Ind. June 14, 2006); see also Lapine v. Edward Marshall Boehm, Inc., No. 99-CV-8420, 1990 WL 43572, at *5 (N.D.Ill. Mar. 28, 1990) (noting that “Jews, like Catholics and Protestants, hail from a variety of different countries” and “find[ing] that plaintiff has [not] stated a claim for discrimination based on national origin,” because being “Jewish gives no indication of an individual’s country of origin[,]” “[n]or does it indicate the country of origin of one’s ancestors or suggest the physical or cultural characteristics of a national origin group”); cf. Puckett v. McPhillips Shinbaum, No. 06-CV-1148, 2008 WL 906569, at *13 (M.D.Ala. Mar. 31, 2008) (declining to decide whether “being Jewish” is a “protected classification for purposes of a Title VII national origin claim”). This Court, however, need not address these issues in the instant Action. Regardless of whether religious bias alone can form the basis of a Title VI claim or anti-Semitism can provide a basis for national origin discrimination, courts have regularly found that anti-Semitic harassment and discrimination amount to racial discrimination. See Shaare Tefila Congregation v. Cobb, 481 U.S. 615, 617-18, 107 S.Ct. 2019, 95 L.Ed.2d 594 (1987) (explaining “that the Court of Appeals erred in holding that Jews cannot state a § 1982 claim against other white defendants”); Sherman v. Town of Chester, 752 F.3d 554, 567 (2d Cir.2014) (holding that “Jews are considered a race for the purposes of §§ 1981 and 1982”); United States v. Nelson, 277 F.3d 164, 177 (2d Cir.2002) (holding that “Jews count as a ‘race’ under certain civil rights statutes enacted pursuant to Congress’s power under the Thirteenth Amendment”); Bachman v. St. Monica’s Congregation, 902 F.2d 1259, 1261 (7th Cir.1990) (finding that Jews constitute a race within the meaning of federal civil rights statutes); Lenoble v. Best Temps, Inc., 352 F.Supp.2d 237, 247 (D.Conn.2005) (noting that “Jews are a distinct race for § 1981 purposes”); Powell v. Independence Blue Cross, Inc., No. 95-CV-2509, 1997 WL 137198, at *6 (E.D.Pa. Mar. 26, 1997) (finding that “[§ ] 1981 must be read to encompass discrimination against a plaintiff because of his Jewish ancestry or ethnicity”); Singer v. Denver Sch. Dist. No. 1, 959 F.Supp. 1325, 1331 (D.Colo.1997) (noting that Jews are “a distinct racial group for the purposes of § 1981”). Furthermore, the Office for Civil Rights has made clear that “anti-Semitic harassment can trigger responsibilities under Title VI ... when the harassment is based on the group’s actual or perceived shared ancestry or ethnic characteristics, rather than solely on its members’ religious practices.” (Dear Colleague Letter from Rus-slynn Ali, Assistant Secretary for Civil Rights, Office for Civil Rights, U.S. Dep’t of Education (Oct. 26, 2010) (Maazel Decl. Ex 1, at 4).) Such agency interpretations of ambiguities in an agency’s own regulation merit “substantial deference,” as the courts have “no reason to think that the agency’s interpretations do not reflect its fair and considered judgment on the matter in question.” Biediger v. Quinnipiac Univ., 691 F.3d 85, 96-97 (2d Cir.2012) (internal quotation marks omitted). Cf. Kenneth L. Marcus, Jurisprudence of the New Anti-Semitism, 44 Wake Forest L.Rev. 371, 388-89 (2009) (chronicling U.S. Department of Education’s Office for Civil Rights letters dating back to 2004 that conclude “that Title VI covers harassment of students of Jewish heritage” (internal quotation marks omitted)). Plaintiffs’ Amended Complaint asserts that Plaintiffs faced discrimination on the basis of national origin, specifically their “Jewish ancestry,” rather than on the basis of their religious beliefs or observance. {See Am. Compl. ¶¶ 104, 111, 118.) As summarized above, the harassment Plaintiffs allege did not concern Plaintiffs’ religious beliefs or practices, but rather drew on hackneyed stereotypes, bigoted “jokes,” and painful references to the Holocaust and Naziism. In short, the harassment alleged is rooted in Plaintiffs’ actual or perceived national origin or race rather than just Plaintiffs’ faith or religious practices. The Court finds that, regardless of whether they assert their claims on “national origin” or “race,” Plaintiffs are within their rights to assert a claim under Title VI based on anti-Semitic discrimination. 2. Application to Plaintiffs’ Case As noted, Title VI prohibits recipients of federal funds from discriminating on the basis of race, color, or national origin. 42 U.S.C. § 2000d. Obviously, this includes prohibition of intentional discrimination. See Alexander v. Sandoval, 532 U.S. 275, 280-81, 121 S.Ct. 1511, 149 L.Ed.2d 517 (2001). Moreover, in certain circumstances, courts view the deliberate indifference of third parties to discrimination as a violation of Title VI by the recipient. See, e.g., Davis ex rel. LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 643-44, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999) (holding that a board of education could be liable for student-on-student harassment where the board acted with deliberate indifference). The Second Circuit has articulated the circumstances under which a school district may be held civilly liable for its deliberate indifference to student-on-student harassment under Title VI. Such “[ljiability only arises if a plaintiff establishes: (1) substantial control, (2) severe and discriminatory harassment, (3) actual knowledge, and (4) delib