Special Verdict Form

1 

2 

3 

4 

5 

6 

7 

8 

9 

SUPERIOR COURT OF CALIFORNIA 

IN AND FOR THE COUNTY OF SAN DIEGO 

10 

11 

12 

13 

14 

15 

16 

17 

18 

MEGAN DONOVAN and JOSEPH 

RAMELLI, 

v. 

Plaintiffs, 

POWAY UNIFIED SCHOOL DISTRICT, 

by and through its Board of Education; 

DONALD A. PHILLIPS, Superintendent; 

SCOTT FISHER, Principal; ED GILES, 

Assistant Principal; 

Defendants. 

CASE NO.: GIC 823157 

SPECIAL VERDICT FORM 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

We, the Jury in the above-entitled action, find the following Special Verdict on the 

questions submitted to us: 

Education Code § 220 - Megan Donovan: 

1. Was Plaintiff Megan Donovan subjected to harassment on the basis of her sexual 

orientation by other students or Poway Unified School District employees that was severe or 

pervasive and about which defendant Poway Unified School District knew or should have 

known (Answer "Yes" or "No") 

Answer: __YES________ 

If “yes,” please proceed to next question. If “no,” proceed to question 3. 

- 1 - 

SPECIAL VERDICT FORM

1 

2 

2. Did Defendant Poway Unified School District fail to take immediate and 

appropriate corrective action (Answer "Yes" or "No") 

3 

Answer: 

___YES_______ 

4 

5 

6 

7 

Please proceed to next question. 

3. Was Megan Donovan’s sexual orientation a motivating factor in Defendant 

Poway Unified School District’s decision not to include her on the Poway High School girls’ 

softball team in 2003 (Answer "Yes" or "No") 

8 

Answer: 

___NO_______ 

9 

10 

11 

12 

If you answered “Yes” to either Question No. 2 or Question No. 3, please 

proceed to the next question. Otherwise, proceed to Question No. 5. 

4. Did Defendant Poway Unified School District’s conduct cause harm to Plaintiff 

Megan Donovan (Answer "Yes" or "No") 

13 

Answer: 

___YES_______ 

14 

Please proceed to the next question. 

15 

16 

17 

18 

19 

Education Code § 220 - Joseph Ramelli: 

5. Was Plaintiff Joseph Ramelli subjected to harassment on the basis of his sexual 

orientation by other students that was severe or pervasive and about which defendant Poway 

Unified School District knew or should have known (Answer "Yes" or "No") 

20 

Answer: 

___YES_______ 

21 

22 

23 

If “yes,” please proceed to next question. If “no,” proceed to Question No. 8. 

6. Did Defendant Poway Unified School District fail to take immediate and 

appropriate corrective action (Answer "Yes" or "No") 

24 

Answer: 

___YES________ 

25 

26 

27 


7. Did Defendant Poway Unified School District’s conduct cause harm to Plaintiff 

Joseph Ramelli (Answer "Yes" or "No") 

28 

Answer: 

____YES_______ 


- 2 - 


1 

2 

42 U.S.C. § 1983/Constitutional Claims/ Equal Protection: Megan Donovan 

8. Was Megan Donovan subjected to harassment by other students because of her 

3 

sexual orientation 

(Answer "Yes" or "No") 

4 

Answer: 

__YES________ 

5 

6 

7 

8 


9. Was this harassment so severe, pervasive, and offensive to a reasonable person 

of the same sexual orientation that it effectively deprived her of equal access to educational 

opportunities or benefits at Poway High School (Answer "Yes" or "No") 

9 

Answer: 

___YES_______ 

10 

11 


10. Did Defendants Scott Fisher, Ed Giles and/or Don Phillips have actual 

12 

knowledge of the harassment 

(Answer “Yes” or “No” as to each Defendant) 

13 

14 

15 

Fisher 

Giles 

Phillips 

___YES______ 

____YES_____ 

____YES_____ 

16 

17 

18 

19 

20 

If “yes” as to any Defendant, please proceed to next question. If “no” as to all 

Defendants, proceed to Question No. 12. 

11. Of the Defendants you responded “Yes” to in question Number 10, did the 

Defendant act with deliberate indifference to the known acts of harassment (Answer “Yes” 

or “No” as to the applicable Defendant) 

21 

22 

23 

Fisher 

Giles 

Phillips 

___YES______ 

___NO______ 

___NO______ 

24 

Please proceed to the next question 

25 

26 

27 

28 

/// 

/// 

/// 

/// 

- 3 - 


1 

2 

3 

12. Did Defendants Scott Fisher, Ed Giles and/or Don Phillips discriminate against 

Megan Donovan because of her sexual orientation (Answer “Yes” or “No” as to each 

Defendant) 

4 

5 

6 

Fisher 

Giles 

Phillips 

__NO_______ 

__NO_______ 

__NO_______ 

7 

8 

9 

10 

If you answered “yes” as to any of the Defendants for Questions Nos. 11 or 12, 

please proceed to the next question. If not, proceed to Question No. 14. 

13. Of the Defendants you answered “Yes” to in either Question No. 11 or Question 

No. 12, did the Defendant cause harm to Plaintiff Megan Donovan (Answer "Yes" or "No") 

11 

12 

13 

Donald Phillips: 

Scott Fisher: 

Ed Giles: 

__N/A_____ 

__YES_____ 

___N/A____ 

14 

Please proceed to next question. 

15 

16 

17 

42 U.S.C. § 1983/Constitutional Claims/ Equal Protection: Joseph Ramelli 

14. Was Joseph Ramelli subjected to harassment by other students because of his 

18 

sexual orientation 

(Answer "Yes" or "No") 

19 

Answer: 

__YES________ 

20 

21 

22 

23 


15. Was this harassment so severe, pervasive, and offensive to a reasonable person 

of the same sexual orientation that it effectively deprived him of equal access to educational 

opportunities or benefits at Poway High School (Answer "Yes" or "No") 

24 

Answer: 

__YES________ 

25 


26 

27 

28 

/// 

/// 

/// 

- 4 - 


1 

16. Did Defendants Scott Fisher, Ed Giles and/or Don Phillips have actual 

2 

knowledge of the harassment 

(Answer “Yes” or “No” as to each Defendant) 

3 

4 

5 

Fisher 

Giles 

Phillips 

__YES_______ 

___YES______ 

___YES______ 

6 

7 

8 

9 

10 

If “yes” as to any Defendant, please proceed to next question. If “no” as to all 

Defendants, proceed to Question No. 18. 

17. Of the Defendants you responded “Yes” to in question Number 16, did the 

Defendant act with deliberate indifference to the known acts of harassment (Answer “Yes” 

or “No” as to the applicable Defendant) 

11 

12 

13 

Fisher 

Giles 

Phillips 

__YES_______ 

___YES______ 

___NO______ 

14 

15 

16 

17 


18. Did Defendants Scott Fisher, Ed Giles and/or Don Phillips discriminate against 

Joseph Ramelli because of his sexual orientation (Answer “Yes” or “No” as to each 

Defendant) 

18 

19 

20 

Fisher 

Giles 

Phillips 

__NO_______ 

___NO______ 

___NO______ 

21 

22 

23 

24 

25 

If you answered “Yes” as to any of the Defendants for Questions Nos. 17 or 18, 

please proceed to the next question. If not, please proceed to the instruction immediately 

before Number 20. 

19. Of the Defendants you responded “Yes” to in either Question No. 17 or Question 

No. 18, did the Defendant cause harm to Plaintiff Joseph Ramelli (Answer "Yes" or "No") 

26 

27 

28 

Donald Phillips: 

Scott Fisher: 

Ed Giles: 

__N/A_____ 

___YES____ 

____YES___ 

- 5 - 


1 

2 

3 

4 

5 

6 

7 

If you answered “yes” to either Question No. 4 or Question No. 13 , then answer 

Question No. 20. If you answered “no” to both Question No. 4 and Question No. 13, then go 

Question Number 21 only if you answered “yes” to either Question No. 7 or Question No. 19. 

Otherwise, stop here, answer no further questions, and have the presiding juror sign and date 

this form. 

Damages 

20 . What are Plaintiff Megan Donovan’s damages 

8 

Answer: 

$_125,000_________ 

9 

10 

11 

12 

13 

Proceed to the next question. 

If you answered "yes" to either Question No. 7 or any Defendant in Question No. 19, 

then answer Question No. 21. If not, then stop here, answer no further questions, and have the 

presiding juror sign and date this form. 

21 . What are Plaintiff Joseph Ramelli’s damages 

14 

15 

Answer: 

$__175,000________ 

16 

Please date, sign and return this Verdict. 

17 

18 

19 

DATED: SIGNED: _____________________________ 

PRESIDING JUROR 

20 

21 

22 

23 

24 

25 

26 

27 

28 

- 6 -

Special Verdict Form

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?