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WAGE Signs Ground-Breaking Amici Curiae Brief in Reifschneider
Appeal
WAGE and six other equal rights organizations signed an amici curiae brief
prepared
by Equal Rights Advocates in San Francisco in support of Diane
Refischneiders appeal
of her 1998 trial decision.
The amici curiae brief concerns dismissal of one of Reifschneiders
causes of
action, Sexual Harassment in violation of California Education Code
Section 212.5. In
response to the defendants pretrial motion, the court determined that the
Education
Code does not allow individuals to file civil lawsuits to remedy sexual
harassment
claims; i.e., students are limited to using their schools grievance
procedures.
However, according to the ERA brief, "shortly
after the trial court determined that a private cause of action did not
exist, the
Legislature amended the Education Code to clarify that a civil action is
and has been
available to enforce the Education Code."
The brief claims the option of litigation is necessary because
institutions can
either act inappropriately or fail to act at all when victims file
internal complaints. If
the appellate court determines that Reifschneider had the right to file a
lawsuit under
the California Education Code, the trial courts decision to dismiss would
constitute
grounds for a new trial.
Other sign-ons include the American civil Liberties Union
Foundations of
Northern and Southern California, the California Womens Law Center, the
National
Womens Law Center, the University of California Student Association, and
AAUW of
California. ERA attorney Rose Fua wrote the brief.
-wage@wage.org-