Facts

Anthony Smith was a Berkeley High School counselor, working within the Berkeley Unified School District. Lilah R., who was a 16-year-old student, received counseling from Smith during the 2009-2010 school year. Lilah's mother filed a lawsuit against the district and Smith, alleging sexual harassment occurred in the course of the counseling.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Smith touched, stroked, hugged, and made inappropriate remarks toward the female student. Specifically, plaintiff claimed that Smith asked whether Lilah slept naked.

DEFENDANT'S CONTENTIONS:
Defendant claimed that the allegations were untrue.

Result

The parties reached a settlement (subject to school board approval) under which the defendants will pay $57,500. The counselor agreed to keep the door and blinds to his office open when he counsels students and to refrain from pulling students out of class except in emergency situations and with prior administrative approval. The District also agreed to changes in its policy and the student handbook, plus training on and notice of such changes to the school community.