3069. Harassment in Educational Institution (Ed. Code, § 220)

3069. Harassment in Educational Institution (Ed. Code, § 220) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was harmed by being subjected to harassment at school because of [his/her] [specify characteristic, e.g., sexual orientation] and that [name of defendant] is responsible for that harm. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of plaintiff] suffered harassment that was so severe, pervasive, and offensive that it effectively deprived [him/her] of the right of equal access to educational benefits and opportunities; That [name of defendant] had actual knowledge of that harassment; and That [name of defendant] acted with deliberate indifference in the face of that knowledge. 2. 3. [Name of defendant] acted with deliberate indifference if [his/her/its] response to the harassment was clearly unreasonable in light of all the known circumstances. ________________________________________________________________________________ New April 2009; Renumbered from CACI No. 3028 December 2012