didn't press that case in the response and the issue that i have with that in the distinct from what i think is really important to make is that case does the failure to follow a policy it is not number itself a by a ship what we have here is not a failure to follow policies it's a failure to invoke the policies and there is a material distinction between the failure to follow the policies and the failure had happened and we have her mother asked over and over and over what are the schools policy is what we do we need to have them follow up and in response to that request that was me over an hour they were that's a curious thing i don't believe that it is the right no it isn't so i am i supposed to know what they were supposed to be done i think the curious thing and the reason your honor that it's not in the record is because they admitted that it didn't invoke the policies and that's not the argument that was made a lot which is part of the reason that you know that's why it's not included in record because that was a contested issue the issue as it was defended below was we don't but mother asking the board what are the policies and how how do we get them to be in vote and on what the school board told the mother is and this is in the record a happened in this particular when they didn't follow to the letter of the policy and here they said the policy doesn't apply to all you don't get to take advantage of the policy and all it doesn't apply to you do you have any argument a been a policy when you have yes you're not going to answer my question which is that this whether the steps they took they had a pulse leaving off the fact that they didn't involve the policy where the steps they actually took reasonable steps moving or not you're wrong why the st reason that the steps that they took were not reasonable that and they told her we cannot do anything for you the policy is don't apply if you want will to help you you need to go to the police the other things the school did that i think are very problematic are when they told her before the police order was put into place and i think there are significant problems with the deference to the police that was involved here when the school told her prior to the implementation of  if you're uncomfortable sitting in class next to the boy who has failed you go to the challenge for his office if we're looking at the equal access to an educational opportunity between a girl who is claimed to have been the acute and the respond it and so on but the just missed all of the application of the policy in this case i believe and i urge this court to look at  am and i don't know what would have happened differently if they found their power was the most important thing that would have happened differently in my view had they followed the policy is they wouldn't have been lying to those were all about why they and we're going to treat it as such so when the girl says why aren't you treating my sexual assault as a sexual assault she's st for it happened off campus she's next told during the course of the ordinary between a break ups and he declined to invoke the policies followed what the police told him to do those were in the classrooms and all that wasn't because they were following their timeline as these that's because they institutions refusal to my policies and procedures and response to reports of a sexual assault constitute an act of intentional discrimination on the basis of sex so this should to give rise to a private cause of action up amicably i text and so they're going to remain friends so the school did not receive this hostile abusive environment inside or outside of school it was only basically took it doesn't require the fall of any particular procedures you just can't discriminate and if you take any steps that are not only reasonable you're not discriminating resubmit it took multiple they were trying to do everything they could to reduce any discomfort but also allow him to come to school to fully participate as i asked and talk to students and talk to teachers face to face because the flip side is d the parents are getting a little upset that it's way to being violated and those gaps are says that is certainly a legitimate consideration when deciding how to respond to a claim of harassment in this case again the claims of harassment were comparing to much more serious assaults relatively mild and the cut the complacent schoolwork screaming mild see it now as he has never harassed me at school he never sent me a bad email he has never sent me a bad text my friends his friends have not bothered me she has been going to school despite she had this perception as you are comfortable being around her ex boyfriend spoken adequate or there is such a refusal as gaps or says there is a fusil to take action which isn't a visual decision to not ready the violation which is a permission to discriminate the statute prohibits so in that regard over a difference cases or the result decision cases are actually very similar to the official policy cases because in the end as proved discrimination certainly not deliberate indifference it were trying their best it was the most important thing that house their heart and prayers for webb it every day was checking with the students and making sure things are going ok that's the farthest thing from reform again the response that they did take were not in response two other girls report they were in response to police so the temporary protection order but it helped they did take s one morning where he walked early before school started he walked down the hallway where her locker was located and walked right next to her and by omitted the temporary temporary restraining order that was in the record at fifty two the response from the counselor well nobody's perfect he's just human this is so indicative ringback of the response that she was getting from the school he's not doing anything that just the because here we have an on campus event and of that individual by leaving the protections that were put in place in response to the police in response to that specific on campus violation it is a response to the problem then when the when the t r o is lifted your honor the position taken by the border is that he has never done anything on campus of violence campus rule