Citations: F. United States District Court, N. Illinois, Eastern Division.
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Indian Prairie Sch. Russell does not rely on any facts or research directly considering the effect of the phrase "Be Happy, Not Gay" being displayed at NVHS or any other school. It is not sufficient to show evidence of purportedly disputed facts if those facts are not plausible in light of the entire record. Canna, Thomas J.
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Students may not, however, engage in behavior that interferes with the rights of another student or materially and substantially disrupts the educational process. Its stated mission is: "In order to foster a safer and more accepting environment of students of all sexual orientations, the mission of [GSA] is to: Offer support and education. However, it is not reasonable to infer that this was a direct response to her wearing of the t-shirt. Blue Mountain Sch.
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The forecast must be reasonable, Nuxoll, F. For the Day of Silence, Linda requested a private security escort for Zamecnik and NVHS instead ased a independenr staff member to escort her during the day. Hendrickson, F.
A few students expressed disagreement with the shirt, making comments directly to Zamecnik. Williams, U.
Dep't, F. There is, however, no evidence of stusent at any time or that any of these students' schoolwork suffered as a result of viewing the shirt or that any other type of "substantial disruption" occurred.
NOTES  At the time this suit was brought, Nuxoll and Zamecnik were minors and the suit was brought on their behalf by their respective parents. She noted that, even in altered form, it was known what the original message was.
As the Seventh Circuit has summarized: The party moving for summary judgment carries the initial burden of production to identify "those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.
Enodis Corp. It is not as if the school forbade only derogatory comments that refer, say, to religion, a prohibition that would al a belief that being religious merits special protection.
A female student told Zamecnik she was disgusting. Zamecnik, however, had seen some people wearing a t-shirt that had the phrase "Be Who You Are," which she construed as promoting homosexuality. After consulting with defendants, plaintiff Nuxoll shall submit a proposed order for injunctive relief. General Motors Corp.
Blaine Sch. Encotech Constr. Another female student told plaintiff escogt was mean, had hurt a lot of people's feelings, and was insensitive. See Nuxoll, F. He apparently suggests adding a qualifier such as, to be prohibited, messages of the above type must be so severe, pervasive, or objectively offensive that they tend to adversely affect a student's education or create a hostile or abusive educational environment.
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Another student whom Zamecnik believes is homosexual called her a bitch a of times. Russell's opinions. Unidentified reports of students complaining about Zamecnik's t-shirt and characterizing it as derogatory were made to NVHS administrators, including Dean Wells. Nuxoll testified that he believed administrators would stop him from bringing his Bible wtudent passing out literature based on unspecified rules contained in the Student Handbook.
NVHS students attend "advisory" classes in which the importance of respect for people's differences and the harmfulness of derogatory and demeaning communications are discussed.
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IPSD has made a considerable effort to create a positive and tolerant school environment orlandd an emphasis on respectful attitude and discourse. Wells met with Heidi to discuss her t-shirt. Plaintiff Nuxoll shall submit a draft order for injunctive relief. And the ban on derogatory words is general.
Wells did not question the phrase on the front of the t-shirt, only the phrase on back. The publications he relies on are similar to those described by the Seventh Circuit as "suggestive.
A male student, whom Zamecnik believes is homosexual, confronted her in the hallway and screamed at her that she was evil and a bitch. The summary judgment motion will be granted in part and denied in part.
Jumer, F. He still has not done this. There is no specific evidence of any disorder or substantial disruption occurring that day.