IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

WESTERN DIVISION





MARCIA J. PRINE,
Plaintiff,

No. C 98-4029-MWB

vs.



PRELIMINARY AND FINAL INSTRUCTIONS

TO THE JURY

SIOUX CITY COMMUNITY SCHOOL DISTRICT,
Defendant.

____________________



TABLE OF CONTENTS

PRELIMINARY INSTRUCTIONS

NO. 1 - PRELIMINARY INSTRUCTIONS

NO. 2 - STATEMENT OF THE CASE

NO. 3 - ELEMENTS OF CLAIMS

NO. 4 - BURDEN OF PROOF

NO. 5 - DUTY OF JURORS

NO. 6 - ORDER OF TRIAL

NO. 7 - DEFINITION OF EVIDENCE

NO. 8 - CREDIBILITY OF WITNESSES

NO. 9 - DEPOSITIONS

NO. 10 - INTERROGATORIES

NO. 11 - OBJECTIONS

NO. 12 - BENCH CONFERENCES

NO. 13 - NOTE-TAKING

NO. 14 - ADMONITION

FINAL INSTRUCTIONS

NO. 1 - INTRODUCTION

NO. 2 - IMPEACHMENT OF WITNESSES

NO. 3 - SEXUALLY HOSTILE ENVIRONMENT

NO. 4 - SEX DISCRIMINATION

NO. 5 - DAMAGES--IN GENERAL

NO. 6 - DAMAGES--SPECIFIC

NO. 7 - DELIBERATIONS



VERDICT FORM

PRELIMINARY INSTRUCTION NO. 1 - PRELIMINARY INSTRUCTIONS



Members of the jury, before the lawyers make their opening statements, I give you these preliminary instructions to help you better understand the trial and your role in it. Consider these instructions, together with any oral instructions given to you during the trial and the written final instructions given at the end of the trial, and apply them as a whole to the facts of the case. In considering these instructions, the order in which they are given is not important.



PRELIMINARY INSTRUCTION NO. 2 - STATEMENT OF THE CASE



The following brief summary of the case is not to be considered evidence or proof of any facts or events in the case. It simply informs you of the factual disputes between the parties.

This is a civil case brought by plaintiff Marcia J. Prine against her employer, defendant Sioux City Community School District (the School District). Ms. Prine was employed as a painter in the School District's Operations and Maintenance (O & M) Department, but she has been on an unpaid leave of absence since May of 1996.

Ms. Prine alleges two claims against the School District. First, Ms. Prine asserts a claim of a "sexually hostile work environment." In this claim, Ms. Prine alleges that she was subjected to unwelcome sexual harassment by her male co-workers in the School District's O & M Department, which created a sexually hostile work environment. She alleges that the School District knew or should have known of the harassment to which she was subjected, but failed to take prompt and appropriate corrective action to stop the harassment. Second, Ms. Prine asserts a claim of "sex discrimination." In this claim, she alleges that she was treated differently than her co-employees in the terms and conditions of her employment because of her sex. Ms. Prine contends that the harassment, lack of remedial action by the School District, and the discriminatory treatment she received forced her to take a leave of absence. She seeks an award of damages caused by the harassment and discrimination. The School District denies Ms. Prine's claims.

You will be asked to resolve these disputes between the parties.

PRELIMINARY INSTRUCTION NO. 3 - ELEMENTS OF CLAIMS



To help you follow the evidence, here is a brief summary of the elements of Ms. Prine's claims of a sexually hostile environment and sex discrimination.

1. Sexually Hostile Environment

To win her claim of a sexually hostile work environment, Ms. Prine must prove each of the following elements by the greater weight of the evidence:

One, Ms. Prine was subjected to sexually offensive conduct or conditions imposed by her male co-workers in the School District's O & M Department;

Two, such conduct was based on Ms. Prine's sex;

Three, such conduct was unwelcome;

Four, such conduct was sufficiently severe or pervasive that a reasonable person in Ms. Prine's position would find her work environment sexually hostile or abusive;

Five, at the time such conduct occurred, and as a result of such conduct, Ms. Prine believed her work environment to be sexually hostile or abusive;

Six, the School District knew or should have known of the harassment; and

Seven, the School District failed to take prompt and appropriate corrective action to end the harassment.

2. Sex Discrimination

To win her claim of sex discrimination, Ms. Prine must prove each of the following elements by the greater weight of the evidence:

One, Ms. Prine was treated differently than her co-employees in the terms and conditions of her employment; and

Two, Ms. Prine's sex as a motivating factor for that different treatment.



This is only a preliminary outline of the elements of Ms. Prine's claims. At the end of the trial, I will give you further final written instructions that explain these claims. Because the final instructions are more detailed, those instructions govern on the elements of Ms. Prine's claims.

PRELIMINARY INSTRUCTION NO. 4 - BURDEN OF PROOF



In these instructions, you are told that your verdict depends on whether you find certain facts have been proved. The burden of proving a fact is upon the party whose claim depends upon that fact. In this case, facts must be proved by the "greater weight of the evidence." To prove something by the greater weight of the evidence is to prove that it is more likely true than not true. It is determined by considering all of the evidence and deciding which evidence is more believable. If, on any issue in the case, the evidence is equally balanced, you cannot find that issue has been proved.

The "greater weight" of the evidence is not necessarily determined by the greater number of witnesses or exhibits a party has presented. The testimony of a single witness that produces in your mind a belief in the likelihood of truth is sufficient for proof of any fact and would justify a verdict in accordance with such testimony. This is so, even though a number of witnesses may have testified to the contrary, if after consideration of all of the evidence in the case, you hold a greater belief in the accuracy and reliability of that one witness.

You may have heard of the term "proof beyond a reasonable doubt." That is a stricter standard which applies in criminal cases. It does not apply in civil cases such as this. You should, therefore, put it out of your minds.

PRELIMINARY INSTRUCTION NO. 5 - DUTY OF JURORS



It will be your duty to decide from the evidence what the facts are. You, and you alone, are the judges of the facts. You will hear the evidence, decide what the facts are and then apply those facts to the law which I will give you in these preliminary instructions, any instructions given during the trial, and in the final instructions at the conclusion of the case. You will then deliberate and reach your verdict. You are the sole judges of the facts; but you must follow the law as stated in my instructions, whether you agree with it or not.

You have been chosen and sworn as jurors in this case to try the issues of fact presented by the parties. Do not allow sympathy or prejudice to influence you. The law demands of you a just verdict, unaffected by anything except the evidence, your common sense, and the law as I will give it to you.

This case should be considered and decided by you as an action between persons of equal standing in the community, of equal worth, and holding the same or similar stations in life. An individual, such as Ms. Prine, and an organization, such as the School District, stand equal before the law, and are entitled to the same fair consideration by you. The mere fact that one of the parties is a school district, not an individual, does not mean that it is entitled to any greater or lesser consideration by you.

However, when an organization such as the School District is involved, of course, it may act only through natural persons as its agents or employees; and, in general, any agent or employee of the School District may bind the School District by the acts and declarations made while acting within the scope of the authority delegated to the employee by the School District, or within the scope of the employee's or agent's duties as an employee or agent of the School District.

You should not take anything I may say or do during the trial as indicating what I think of the evidence or what I think your verdict should be.

PRELIMINARY INSTRUCTION NO. 6 - ORDER OF TRIAL



The trial will proceed in the following order:

After I conclude these preliminary instructions, the plaintiff's lawyer may make an opening statement. Next, the defendant's lawyer may make an opening statement. An opening statement is not evidence, but is simply a summary of what the lawyers expect the evidence to be.

The plaintiff will then present evidence and witnesses and the defendant may cross-examine. Following the plaintiff's case, the defendant may present evidence and witnesses and the plaintiff may cross-examine. Following the defendant's case, the plaintiff may take a further opportunity to present additional evidence.

After the evidence is concluded, I will give you the final instructions on the law that you are to apply in reaching your verdict. The lawyers will then make their closing arguments to summarize and interpret the evidence for you. As with opening statements, closing arguments are not evidence. I will then give you some final instructions on deliberations, and you will retire to deliberate on your verdict.

PRELIMINARY INSTRUCTION NO. 7 - DEFINITION OF EVIDENCE



You shall base your verdict only upon the evidence, these instructions, and other instructions that I may give you during the trial.

Evidence is:

1. Testimony in person or testimony previously given, which includes depositions or videotaped depositions.

2. Exhibits admitted into evidence by the court.

3. Stipulations, which are agreements between the parties.

4. Any other matter admitted into evidence.

Evidence may be direct or circumstantial. You should not be concerned with these terms since the law makes no distinction between the weight to be given to direct and circumstantial evidence. The weight to be given any evidence is for you to decide.

The following are not evidence:

1. Statements, arguments, questions, and comments by the lawyers.

2. Objections and rulings on objections.

3. Testimony I tell you to disregard.

4. Anything you saw or heard about this case outside the courtroom.

You should not take anything I may say or do during the trial as indicating what I think of the evidence.

PRELIMINARY INSTRUCTION NO. 8 - CREDIBILITY OF WITNESSES



In deciding what the facts are, you may have to decide what testimony you believe and what testimony you do not believe. You may believe all of what a witness says, or only part of it, or none of it.

In deciding what testimony to believe, consider the witnesses' intelligence, their opportunity to have seen or heard the things they testify about, their memories, the motives they may have for testifying a certain way, their manner while testifying, whether they said something different at an earlier time, the general reasonableness of their testimony, and the extent to which their testimony is consistent with other evidence that you believe.

In deciding whether or not to believe a witness, keep in mind that people sometimes hear or see things differently and sometimes forget things. You need to consider therefore whether a contradiction is an innocent misrecollection or lapse of memory or an intentional falsehood, and that may depend on whether it has to do with an important fact or only a small detail.

You may hear testimony from persons described as experts. Persons who have become experts in a field because of their education and experience may give their opinions on matters in that field and the reasons for their opinions. Consider expert testimony just like any other testimony. You may accept it or reject it. You may give it as much weight as you think it deserves, considering the witness's education and experience, the reasons given for the opinion, and all the other evidence in the case.

Also, an expert witness may be asked to assume certain facts are true and to give an opinion based on that assumption. This is called a hypothetical question. If any facts assumed in the question are not proved by the evidence, you should decide if that omission affects the value of the expert's opinion.

PRELIMINARY INSTRUCTION NO. 9 - DEPOSITIONS



Certain testimony from a deposition may be read into evidence. A deposition is testimony taken under oath before the trial and preserved in writing. Consider that testimony as if it had been given in court.

PRELIMINARY INSTRUCTION NO. 10 - INTERROGATORIES



During this trial, you may hear the word "interrogatory." An interrogatory is a written question asked by one party of another, who must answer it under oath in writing. Consider interrogatories and the answers to them as if the questions had been asked and answered here in court.

PRELIMINARY INSTRUCTION NO. 11 - OBJECTIONS



From time to time during the trial I may be called upon to make rulings of law on objections or motions made by the lawyers. It is the duty of the lawyer for each party to object when another party offers testimony or other evidence that the lawyer believes is not properly admissible. You should not show prejudice against a lawyer or the party the lawyer represents because the lawyer has made objections. You should not infer or conclude from any ruling or other comment I may make that I have any opinions on the merits of the case favoring one side or the other. Also, if I sustain an objection to a question that goes unanswered by the witness, you should not draw any inferences or conclusions from the question itself.

PRELIMINARY INSTRUCTION NO. 12 - BENCH CONFERENCES



During the trial it may be necessary for me to talk with the lawyers out of your hearing, either by having a bench conference here while you are present in the courtroom, or by calling a recess. Please understand that while you are waiting, we are working. The purpose of these conferences is to decide how certain evidence is to be treated under the rules of evidence, and to avoid confusion and error. We will, of course, do what we can to keep the number and length of these conferences to a minimum.







PRELIMINARY INSTRUCTION NO. 13 - NOTE-TAKING



If you want to take notes during the trial, you may. However, it is difficult to take detailed notes and pay attention to what the witnesses are saying. If you do take notes, be sure that your note-taking does not interfere with listening to and considering all of the evidence. Also, if you take notes, do not discuss them with anyone before you begin your deliberations. Do not take your notes with you at the end of the day. Be sure to leave them on your chair in the courtroom. The court attendant will safeguard the notes. No one will read them. The notes will remain confidential throughout the trial and will be destroyed at the conclusion of the trial.

If you choose not to take notes, remember it is your own individual responsibility to listen carefully to the evidence. You cannot give this responsibility to someone who is taking notes. We depend on the judgment of all members of the jury; you must all remember and consider the evidence in this case.

Whether or not you take notes, you should rely on your own memory regarding what was said. Your notes are not evidence. A juror's notes are not more reliable than the memory of another juror who chooses to consider the evidence carefully without taking notes. You should not be overly influenced by the notes.

You will notice that we do have an official court reporter making a record of the trial. However, we will not have typewritten transcripts of this record available for your use in reaching your verdict.



PRELIMINARY INSTRUCTION NO. 14 - ADMONITION



You will not be required to remain together while court is in recess. However, to ensure fairness, you, as jurors, must obey the following rules:

First, do not talk among yourselves about this case, or about anyone involved with it, until the end of the case when you go to the jury room to decide on your verdict.

Second, do not talk with anyone else about this case, or about anyone involved with it, until the trial has ended and you have been discharged as jurors.

Third, when you are outside the courtroom, do not let anyone tell you anything about the case, or about anyone involved with it until the trial has ended and your verdict has been accepted by me. If someone should try to talk to you about the case during the trial, please report it to me.

Fourth, during the trial you should not talk with or speak to any of the parties, lawyers or witnesses involved in this case--you should not even pass the time of day with any of them. It is important not only that you do justice in this case, but that you also give the appearance of doing justice. If a person from one side of the lawsuit sees you talking to a person from the other side--even if it is simply to pass the time of day--an unwarranted and unnecessary suspicion about your fairness might be aroused. If any lawyer, party, or witness does not speak to you when you pass in the hall, ride the elevator, or the like, remember it is because they are not supposed to talk or visit with you either.

Fifth, do not read any news stories or articles about the case, or about anyone involved with it, or listen to any radio or television reports about the case or about anyone involved with it.

Sixth, do not do any research or make any investigation about the case on your own.

Seventh, do not make up your mind during the trial about what the verdict should be. Keep an open mind until after you have gone to the jury room to decide the case and you and your fellow jurors have discussed the evidence.

DATED this 24th day of January, 2000.



FINAL INSTRUCTION NO. 1 - INTRODUCTION



Members of the jury, the instructions I gave you at the beginning of the trial and any oral or written instructions I gave you during the trial remain in effect. I now give you some additional instructions.

You must, of course, continue to follow the instructions I gave you earlier, as well as those I give you now. You must not single out some instructions and ignore others, because all are important. The instructions I am about to give you now, as well as the preliminary instructions given to you at the beginning of the trial, are in writing and will be available to you in the jury room. I emphasize, however, that the final instructions are not more important than the preliminary instructions, nor are written instructions more important than oral ones. Again, all instructions, whenever given and whether in writing or not, must be followed. This is true even though some of the instructions I gave you at the beginning of the trial are not repeated here.

In considering these instructions, the order in which they are given is not important.

Neither in these instructions nor in any ruling, action, or remark that I have made during the course of this trial have I intended to give any opinion or suggestion as to what your verdict should be.

FINAL INSTRUCTION NO. 2 - IMPEACHMENT OF WITNESSES



In Preliminary Instruction No. 8, I instructed you on the credibility of witnesses. I now give you this further instruction on how the credibility of a witness can be "impeached."

A witness may be discredited or "impeached" by contradictory evidence, or by evidence that at some time the witness has said or done something, or has failed to say or do something, that is inconsistent with the witness's present testimony. If you believe any witness has been impeached and thus discredited, it is your exclusive province to give the testimony of that witness such credibility, if any, as you may think it deserves.

FINAL INSTRUCTION NO. 3 - SEXUALLY HOSTILE ENVIRONMENT



Ms. Prine's first claim is that she was subjected to sexual harassment by her male co-workers in the School District's O & M Department, which created a sexually hostile work environment. To win her claim of a sexually hostile work environment, Ms. Prine must prove each of the following elements by the greater weight of the evidence:

One, Ms. Prine was subjected to sexually offensive conduct or conditions imposed by her male co-workers in the School District's O & M Department.

Marcia Prine alleges that the conduct of employees of the School District that created a sexually hostile environment included one or more of the following: rude sexual comments; other rude comments, including comments about Ms. Prine's menstrual cycle; name-calling and swearing; slamming of doors in Ms. Prine's face; spitting on the door handles and windows of Ms. Prine's company vehicle; missing time cards and fuel cards; missing company vehicle keys; displaying a large naked "Barbie" doll; painting a large nude woman; requests for sexual favors; threats of beating up Ms. Prine's husband; throwing a dead field hen on Ms. Prine's vehicle; and retaliation following her complaints to her superiors.



Two, such conduct was based on Ms. Prine's sex.

Three, such conduct was unwelcome.

Conduct is "unwelcome" if the plaintiff did not solicit or invite the conduct and regarded the conduct as undesirable or offensive.



Four, such conduct was sufficiently severe or pervasive that a reasonable person in Ms. Prine's position would find her work environment sexually hostile or abusive.

Whether an environment is sufficiently hostile or abusive must be determined by looking at all the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance. However, no single factor is required in order to find a work environment sexually hostile or abusive. Federal anti-harassment law does not prohibit genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex. Therefore, simple teasing, offhand comments, and isolated incidents (unless extremely serious) will not amount to sexual harassment in the form of creation of a sexually hostile environment.



Five, at the time such conduct occurred, and as a result of such conduct, Ms. Prine believed her work environment to be sexually hostile or abusive.

The objectionable environment must be both one that a reasonable person would find hostile or abusive, and one that the victim in fact did perceive to be so.



Six, the School District knew or should have known of the harassment.

The School District knew or should have known of the harassment if authorized agents with a reporting duty (or persons reasonably believed to have such a duty) acquired knowledge of sexual harassment.



Seven, the School District failed to take prompt and appropriate corrective action to end the harassment.

In deciding whether the School District took prompt and appropriate corrective action, factors you may consider include the amount of time that elapsed between the notice and corrective action; the options available to the employer, possibly including employee training sessions, transferring the harassers, written warnings, reprimands in personnel files, or termination; and whether or not the measures ended the harassment.

If the employer knows or should have known of harassment, the employer must undertake an investigation. The test of the adequacy of the investigation is its reasonableness in light of what the employer knew or should have known about the harassment and the seriousness of the harassment alleged. An investigation is not adequate if it is carried out in such a way that it prevents the discovery of serious and significant harassment, such that the remedy chosen by the employer cannot be reasonably calculated to prevent the harassment. Similarly, an employer's decision to do nothing on the basis of an inadequate investigation supports a finding that the employer did not take prompt and appropriate corrective action. However, the law does not require that investigations into sexual harassment complaints be perfect, and an employer may take adequate remedial action even if its investigation is flawed. The ultimate question is whether the employer's remedial action was reasonably calculated to prevent further harassment.



If Ms. Prine has failed to prove all of the above elements by the greater weight of the evidence, your verdict must be for the School District on Ms. Prine's claim of a sexually hostile work environment. However, if you find that Ms. Prine has proved all of these elements by the greater weight of the evidence, then she is entitled to damages in some amount on her hostile environment claim.

FINAL INSTRUCTION NO. 4 - SEX DISCRIMINATION



Ms. Prine's second claim is that the School District treated her differently in the terms and conditions of her employment because of her sex. To win her claim of sex discrimination, Ms. Prine must prove the following essential elements by the greater weight of the evidence:

One, Ms. Prine was treated differently than her male co-employees in the terms and conditions of her employment.

Two, Ms. Prine's sex was a motivating factor for that different treatment.

There may be more than one factor in the School District's actions that Ms. Prine alleges were discriminatory, and Ms. Prine is not required to show that her sex was the sole or primary motivation for the allegedly different treatment. A "motivating factor" means a consideration that moved the defendant toward its decision or treatment or that played a part in that decision or treatment.

However, you cannot find that this element has been proved simply because you disagree with the defendant's decision or treatment or because you believe that decision or treatment was harsh or unreasonable. Instead, this element is only proved if you find by the greater weight of the evidence that Ms. Prine's sex was a motivating factor for the adverse decision or treatment by the School District.



If Ms. Prine has failed to prove each of the above elements by the greater weight of the evidence, your verdict must be for the School District on Ms. Prine's claim of sex discrimination. However, if you find that Ms. Prine has proved both of these elements by the greater weight of the evidence, then you will consider whether the School District has proved by the greater weight of the evidence that it would have taken the same actions concerning Ms. Prine regardless of her sex. You need not be concerned with the effect of your determination of whether the School District would have taken the same actions concerning Ms. Prine regardless of her sex; the effect of your determination on this question is for me to decide.

FINAL INSTRUCTION NO. 5 - DAMAGES--IN GENERAL



The fact that I am instructing you on the proper measure of damages should not be considered as an indication that I have any view as to which party is entitled to your verdict in this case. Instructions as to the measure of damages are given only for your guidance, in the event that you should find that the plaintiff is entitled to damages in accord with the other instructions.

However, if you find in favor of Ms. Prine on one or both of her claims, you must award her such sum as you find will fairly and justly compensate her for any damages you find she sustained as a direct result of the School District's wrongful conduct. I will now explain to you some matters applicable to all of your determinations of damages.

In arriving at the amount of damages on a claim, you cannot establish a figure by taking down the estimate of each juror as to damages and agreeing in advance that the average of those estimates shall be your award of damages for that claim. Remember, throughout your deliberations, you must not engage in any speculation, guess, or conjecture. However, the amount, if any, you assess for items of non-economic damages, such as damages for emotional distress, cannot be measured by an exact or mathematical standard. A plaintiff does not need to introduce evidence of the monetary value of such elements of damages. You must use your sound judgment based upon an impartial consideration of the evidence to determine the amount of damages, if any, for emotional distress.

Future economic damages, such as future medical expenses, if any, must be reduced to "present value." "Present value" is a sum of money paid now, in advance, which, together with interest earned at a reasonable rate of return, will compensate the plaintiff for future losses.

You must not award damages under any of these Instructions by way of punishment or through sympathy. Your judgment must not be exercised arbitrarily, or out of sympathy or prejudice, for or against any of the parties. The amount you assess for any item of damage must not exceed the amount caused by the wrongful conduct of the defendant as proved by the evidence.

You must award the full amount for any item of damages that Ms. Prine has proved. Therefore, if you find Ms. Prine has proved damages for emotional pain and suffering on both of her claims, you must award all damages for emotional pain and suffering that were a direct result of the creation of a sexually hostile work environment and all damages for emotional pain and suffering that were a direct result of sex discrimination. However, a party cannot recover duplicate damages. Therefore, do not allow amounts awarded under one item of damage to be included in any amount awarded under another item of damage on the same claim. Also, Ms. Prine can recover only one award of backpay, and one award of medical expenses, even if she prevails on both of her claims.

Also, a plaintiff has a duty under the law to "mitigate" his or her damages--that is, to exercise reasonable diligence under the circumstances to minimize his or her damages. Therefore, if the defendant has proved by the greater weight of the evidence that Ms. Prine failed to seek out or take advantage of an opportunity that was reasonably available to her, you must reduce her damages by the amount she reasonably could have avoided if she had sought out or taken advantage of such an opportunity.

Finally, if a plaintiff had a condition making her more susceptible to injury than a person in normal health, then the defendant is responsible for all injuries and damages that the plaintiff experienced as a direct result of the defendant's actions, even though the injuries claimed are greater than might have been experienced by a normal person under the same circumstances.

Attached to these Instructions is a Verdict Form, which you must fill out upon completion of your deliberations. You should only award those damages, if any, that Ms. Prine has proved by the greater weight of the evidence.

FINAL INSTRUCTION NO. 6 - DAMAGES--SPECIFIC



If you find in favor of Ms. Prine on one or more of her claims--creation of a sexually hostile environment, as explained in Final Instruction No. 3, or sex discrimination as explained in Final Instruction No. 4, or both--then you must award Ms. Prine such sum as you find by the greater weight of the evidence will fairly and justly compensate her for any damages you find she sustained as a direct result of the School District's wrongful conduct identified in the claim or claims upon which she has prevailed.

Ms. Prine seeks three distinct types of damages and you must consider them separately:

Emotional distress damages. On each of her claims, Ms. Prine seeks damages for emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life. You may award emotional distress damages on both of Ms. Prine's claims if you find that she has prevailed on both claims. However, on the hostile environment claim, you may only award those damages for emotional pain and suffering that were a direct result of the hostile environment, and on the sex discrimination claim, you may only award those damages for emotional pain and suffering that were a direct result of the discriminatory treatment.

When considering the amount of monetary damages to which Ms. Prine may be entitled for emotional distress, you should consider the nature, character, and seriousness of the emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life that she felt. You must also consider the extent or duration of her emotional distress, as any award you make must cover damages endured by Ms. Prine since the wrong-doing to the present time.

You may also award damages for future emotional distress to Ms. Prine, if you find that the evidence justifies the conclusion that, as a direct result of the harassing or discriminatory conduct of the School District or its employees, her emotional distress and its consequences can reasonably be expected to continue in the future. You do not have to reduce damages for future emotional distress, if any, to "present value."

Medical expenses. On each of her claims, Ms. Prine seeks damages for medical expenses. You may award as damages under this item any expenses Ms. Prine has incurred, including but not limited to medical, psychiatric, counseling, and pharmaceutical expenses, as a direct result of the harassing or discriminatory conduct of the School District or its employees. You may award such damages if Ms. Prine prevails on either of her claims, if you find that such damages are a direct result of the wrongful conduct alleged in that claim, but Ms. Prine can recover only one award of medical expenses, even if she prevails on both of her claims.

You may also award damages for future medical expenses to Ms. Prine, if you find that the evidence justifies the conclusion that she will incur future medical expenses as a direct result of the harassing or discriminatory conduct of the School District or its employees. Any award of future medical expenses must be reduced to "present value," as explained in the preceding Instruction.

Backpay. Ms. Prine also seeks an award of backpay, which is the amount of any wages and fringe benefits she would have earned from the date she went on unpaid leave until the date of your verdict, minus the wages and fringe benefits, if any, she actually did earn during that time from other employment after she went on unpaid leave from her job with the School District. However, do not deduct from any award of backpay earnings or benefits, such as sick leave pay or vacation pay, earned by Ms. Prine during her employment with the School District that were paid to her after she went on unpaid leave. Also, do not deduct from any award of backpay any disability benefits paid to Ms. Prine by disability insurance. You may award backpay if Ms. Prine prevails on either of her claims, if you find that Ms. Prine went on unpaid leave as a direct result of the wrongful conduct alleged in that claim, but Ms. Prine can recover only one award of backpay, even if she prevails on both of her claims.

FINAL INSTRUCTION NO. 7 - DELIBERATIONS



In conducting your deliberations and returning your verdict, there are certain rules you must follow.

First, when you go to the jury room, you must select one of your members as your foreperson. That person will preside over your discussions and speak for you here in court.

Second, it is your duty, as jurors, to discuss this case with one another in the jury room. You should try to reach agreement if you can do so without violence to individual judgment. Each of you must make your own conscientious decision, but only after you have considered all the evidence, discussed it fully with your fellow jurors, and listened to the views of your fellow jurors. Do not be afraid to change your opinions if the discussion persuades you that you should, but do not come to a decision simply because other jurors think it is right, or simply to reach a verdict. Remember at all times that you are not partisans. You are judges--judges of the facts. Your sole interest is to seek the truth from the evidence in the case.

Third, if you need to communicate with me during your deliberations, you may send a note to me through the Court Security Officer, signed by one or more jurors. I will respond as soon as possible either in writing or orally in open court. Remember that you should not tell anyone--including me--how your votes stand numerically.

Fourth, your verdict must be based solely on the evidence and on the law which I have given to you in my instructions. Nothing I have said or done is intended to suggest what your verdict should be--that is entirely for you to decide.

Finally, I am giving you the verdict forms. A verdict form is simply the written notice of the decision that you reach in this case. You will take this form to the jury room, and complete it when you have reached a verdict. Your decision must be unanimous. If you all agree, the verdict form must be signed by your foreperson and all members of the jury.

DATED this 2nd day of February, 2000.



IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

WESTERN DIVISION





MARCIA J. PRINE,
Plaintiff, No. C 98-4029-MWB
vs.

VERDICT FORM
SIOUX CITY COMMUNITY SCHOOL DISTRICT,
Defendant.

____________________





On the claims of plaintiff Marcia J. Prine against defendant Sioux City Community School District, we the Jury, find as follows:

LIABILITY
Claim As explained in Verdict for
Hostile Work Environment Final Jury Instruction No. 3 _____ Marcia J. Prine or

_____ Sioux City Community School District

Sex Discrimination Final Jury Instruction No. 4 _____ Marcia J. Prine or

_____ Sioux City Community School District

If you found in favor of Marcia J. Prine on her claim of sex discrimination, do you find that the School District would have taken the same actions concerning Ms. Prine regardless of her sex?



_____ Yes

_____ No

DAMAGES

as explained in Final Jury Instructions No. 5 and No. 6

(You may only award damages for claims on which you found in Ms. Prine's favor.)

Damages for Emotional distress for a hostile work environment, since the wrong-doing to the present time



$ ______________
for a hostile work environment, from the present continuing into the future

$ ______________
for sex discrimination, since the wrong-doing to the present time

$ ______________
for sex discrimination, from the present continuing into the future

$ ______________
Medical expenses as a direct result of either harassment or discrimination or both, since the wrong-doing to the present



$ ______________
as a direct result of either harassment or discrimination or both, from the present continuing into the future, reduced to "present value"





$ ______________
Backpay for unpaid leave that was a direct result of either harassment or discrimination or both

$ ______________




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