## Facts

- Anthony Zeno, a biracial, dark-skinned student, transferred in January 2005 to Stissing Mountain High School in a school district with very few minority students.
- Soon after arriving, Zeno faced repeated racial slurs and threats from other students, including statements that he did not belong at the school.
- Over roughly three and a half years, the harassment persisted and escalated, including epithets such as “nigger” and “wetback,” references to lynching, and comments like “sit in the back of the bus.”
- Zeno experienced intimidation and threats of violence, including threats to kill him and warnings to “watch his back.”
- Zeno and his mother repeatedly reported incidents to school officials; the district primarily responded with incident-by-incident discipline (e.g., short suspensions).
- Outside entities recommended broader responses (e.g., training and other school-wide measures), but the district did not implement most of them.
- The harassment continued despite the district’s actions, and Zeno ultimately received an IEP diploma rather than completing requirements for a standard diploma.
- Zeno sued under Title VI; a jury found the district liable and awarded $1.25 million, which the trial court remitted to $1 million.

## Issues

1. Whether sufficient evidence supported a finding that the district was deliberately indifferent to known, severe, and pervasive student-on-student racial harassment in violation of Title VI.
2. Whether the remitted $1 million compensatory damages award was excessive.

## Decision

- The Second Circuit affirmed denial of judgment as a matter of law for the district.
- The court held a reasonable jury could find the district had actual knowledge of ongoing race-based harassment and responded in a manner that was clearly unreasonable under the circumstances.
- The court affirmed the $1 million remitted damages award as within the trial court’s discretion given the duration, severity, and educational and emotional harms.

## Legal Principles

- A funding recipient may be liable under Title VI for peer harassment when it is deliberately indifferent to known acts of race-based harassment and that indifference subjects the student to discrimination.
- Liability requires the recipient’s substantial control over both the harassers and the context of the harassment (e.g., school grounds and school hours).
- Deliberate indifference is shown where the response, viewed as a whole, is clearly unreasonable in light of the known circumstances; reactive discipline may be inadequate where harassment is persistent and escalating.
- Causation may be established where an unreasonable response leaves a student vulnerable to continued harassment and contributes to educational deprivation and compensable emotional distress.
- Compensatory damages for emotional and educational injuries are reviewed deferentially; remittitur and the upheld amount turn on the evidentiary record and whether the award is within reasonable bounds.

## Conclusion

The court upheld Title VI liability and substantial compensatory damages where a school district, despite repeated notice and worsening peer racial harassment over years, failed to take reasonably effective measures and thereby left the student vulnerable to continued discrimination and educational harm.


Zeno v. Pine Plains Cent. Sch. Dist., 702 F.3d 655 (2d Cir. 2012)