1- Read the quote below to understand what are the elements/pillars of prima facie that I am asking for.
"The elements of a prima facie case of discrimination are: (1) membership in a protected class; (2) satisfactory performance; (3) adverse action; (4) circumstances supporting an inference of discrimination based on protected class membership"
You have the elements not sure what else you are looking for?
- Did an official or representative (agent or employee) of a recipient treat someone differently in a way that interfered with or limited the ability of a student to participate in or benefit from a program or activity of the recipient?
- Did the different treatment occur in the course of authorized or assigned duties or responsibilities of the agent or employee?
- Was the different treatment based on race color, or national origin?
- Did the context or circumstances of the incident provide a legitimate, non-discriminatory, non-pretextual basis for the different treatment?
Where, based on the evidence obtained in the investigation,questions 1-3 are answered "yes" and question 4 is answered "no,"OCR will conclude that there was discrimination in violation of title VI under this standard different treatment analysis. If question s 1,2 or 3 are answered "no," or if questions 1 through 4are answered "yes," OCR will find no violation under this theory.If warranted by the nature and scope of the allegations or evidence, OCR will proceed to determine whether the agent's or employee's actions established or contributed to a racially hostile environment as described below. OCR also will conduct a"hostile environment" analysis where actions by individuals other than agents or employees are involved.
2- What are the pillars for establishing prima facie for a hostile educational environment?
Hostile Environment Analysis
A violation of title VI may also be found if a recipient has created or is responsible for a racially hostile environment i.e., harassing conduct (e.g., physical, verbal,graphic, or written) that is sufficiently severe, pervasive or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the services,activities or privileges provided by a recipient. A recipient has subjected an individual to different treatment on the basis of race if it has effectively caused, encouraged accepted, tolerated or failed to correct a racially hostile environment of which it has actual or constructive notice (as discussed below).
Under this analysis, an alleged harasser need not be an agent or employee of the recipient, because this theory of liability under title VI is premised on a recipient's general duty to provide a nondiscriminatory educational environment.
To establish a violation of title VI under the hostile environment theory, OCR must find that: (1) A racially hostile environment existed; (2) the recipient had actual or constructive notice of the racially hostile environment; and (3) the recipient failed to respond adequately to redress the racially hostile environment. Whether conduct constitutes a hostile environment must be determined from the totality of the circumstances, with particular attention paid to the factors discussed below.
Severe, Pervasive or Persistent Standard
To determine whether a racially hostile environment exists,it must be determined if the racial harassment is severe,pervasive or persistent. OCR will examine the context, nature,scope, frequency, duration, and location of racial incidents, as well as the identity, number, and relationships of the persons involved. The harassment must in most cases consist of more than casual or isolated racial incidents to establish a title VI violation. Generally, the severity of the incidents needed to establish a racially hostile environment under title V varies inversely with their pervasiveness or persistence.
First of all, when OCR evaluates the severity of racial harassment, the unique setting and mission of an educational institution must be taken into account. An educational institution has a duty to provide a nondiscriminatory environment that is conducive to learning. In addition to the curriculum,students learn about many different aspects of human life and interaction from school. The type of environment that is tolerated or encouraged by or at a school can therefore send a particularly strong signal to, and serve as an influential lesson for, its students.
This is especially true for younger, less mature children,who are generally more impressionable than older students or adults. Thus, an incident that might not be considered extremely harmful to an older student might nevertheless be found severe and harmful to a younger student. For example, verbal harassment of a young child by fellow students that is tolerated or condoned in any way by adult authority figures is likely to have a far greater impact than similar behavior would have on an adult.Particularly for young children in their formative years of development, therefore, the severe, pervasive or persistent standard must be understood in light of the age and impressionability of the students involved and with the special nature and purposes of the educational setting in mind
As with other forms of harassment, OCR must take into account the relevant particularized characteristics and circumstances of the victim especial] the victim's race and age when evaluating the severity of racial incidents at an educational institution If OCR determines that the harassment was sufficiently severe that it would have adversely affected the enjoyment of some aspect of the recipient's educational program by a reasonable person, of the same age and race as the victim,under similar circumstances, OCR will find that a hostile environment existed. The perspective of a person of the same race as the victim is necessary because race is the immutable characteristic upon which the harassment is based. The reasonable person standard as applied to a child must incorporate the age,intelligence and experience of a person under like circumstances to take into account the developmental differences in maturity and perception due to age.
To determine severity, the nature of the incidents must also be considered. Evidence may reflect whether the conduct was verbal or physical and the extent of hostility characteristic of the incident. In some cases, a racially hostile environment requiring appropriate responsive action may result from a single incident that is sufficiently severe. Such incidents may include,for example, injury to persons or property or conduct threatening injury to persons or property
3- What are the elements for establishing a mixed-motive case in this scenario? I am not sure I understand that question?
Tell me about a breach of contract lawsuit; statute of limitations? Is brought in a state court? federal court? How do I file one? What would I gain as a result of the lawsuit?
How do I file one? What would I gain as a result of the lawsuit?
You file the Federal Rules of Civil Procedure for cases filed in Federal Court and you file the State Rules of Civil Procedure for cases filed in Sate court. It appears that you feel that you were not provided due process pursuant to the school handbook and that you were discriminated against. You sue for damages that this caused you.
Discrimination cases: The investigation and analysis of cases under title Vt of the Civil Rights Act of 1964, 42 U.S.C. 2000d, (title Vt) relies,to a large extent, on case law developed under Title VII of theCivil Rights Act of 1964,42 U.S.C. 2000e, which prohibits discrimination on the basis of race, color, national origin, sex,and religion in employment. See Dillon County District No. I and South Carolina State Department of Education, No. 84-VI-16(Civil Rights Reviewing Auth.1987); United States v. LULAC, 793F.2d 636, 648-49 (5th Cir. 1986); Georgia State Conference of Branches of NAACP v. Georgia, 775 F.2d 1403,1417 (11th Cir.1985); and NAACP v. Medical Center, Inc. 657 F.2d 1322 (3dCir.1981). See also, generally, EEOC Revised Enforcement Guidance on Recent Developments in Disparate Treatment Theory, No. N-915.002 (July 14,1992).
This case fits your situation factually This is an older case but the law still stands today Yusuf v. Vassar College, 35 F.3d 7
Hostile Environment Cases:
A violation of Title Vt may be found if racial harassment is severe, pervasive, or persistent so as to constitute a hostile or abusive educational environment. See Meritor Savings Bank v.Vinson, 477 U.S. 57 (1986) (sets similar standard for sexual harassment under title IX) (relying on Rogers v. EEOC, 454 F.2d234, 238 (5th Cir. 1971) (race discrimination can consist of an"environment heavily charged with ethnic or racial discrimination"), cert. denied,406 U.S. 957 (1972)); Harris v.Forklift Systems, Inc., 114 S.Ct. 367 (1993) (reiterating Meritor standard). Accord, Hicks v. Gates Rubber Co., 833 F.2d 1406,1412(10th Cir.1987); Snell v. Suffolk County, 782 F.2d 1094,1102 (2dCir. 1986); Gray v. Greyhound Lines, East, 545 F.2d 169,176 (D.C.Cir. 1976) (noting with approval that EEOC has consistently held that title VII gives employee right to " 'a working environment free of racial intimidation' "). See also, e.g., Defiance College, OCR Case No. 05-9>2024 (violation where college was aware of "repeated" and "patently offensive" verbal and physical racial harassment committed by students).
Whether conduct constitutes a hostile environment must be determined from the totality of the circumstances. See Harris v.Forklift Systems, Inc., 114 S.Ct. 367 (1993) (under title VII.factors to consider may include frequency and severity of discriminatory conduct, whether it is physically threatening or humiliating or merely offensive, and whether it interferes with work performance; psychological harm is not required but may betaken into account like any other relevant factor); Johnson v.Bunny Bread, 646 F.2d 1250,1257 (8th Cir.1981) (court examined nature, frequency, and content of racial harassment, as well as identities of perpetrators and victims). See also Snell, 782 F.2dat 1103 (citing Henson v. City of Dundee, 682 F.2d 897,904 (11thCir. 1982)) (same standard for sexual harassment).
Additional cases: http://caselaw.findlaw.com/us-2nd-circuit/1225390.html
With all due respect you are dealing with a private school. Since you have not provided how the racial component fits in I don't how to address it. What is very clear is that the school denied you due process pursuant to the terms as set out in their policies and hand books.
No worries your question is still open to all attorneys. Hopefully someone will call you and be able to assist you.
I wish you all the best!