063936P.pdf   11/09/2007  DeDe Engel  v.  Rapid City Schools
   U.S. Court of Appeals Case No:  06-3936
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Colloton. Author, with Loken, Chief Judge, and
   Arnold, Circuit Judge]
   Civil case - Employment discrimination. District court erred in
   granting school district summary judgment on plaintiff's claim that she
   was sexually harassed by a co-worker, as plaintiff created a genuine issue
   of material fact as to whether the harassment continued after the district
   took remedial action; the court also erred in finding that summary
   judgment was warranted because plaintiff failed to report the continuing
   harassment as plaintiff produced evidence that she alerted school officials
   that the harassment continued after the first remedial action; while the
   district might be liable for actions occurring after the first remedial
   action, the district was not liable for the hostile work environment that
   occurred prior to the first remedial action since it had a written policy on
   sexual harassment and took prompt, reasonably comprehensive action
   against the conduct; plaintiff created a genuine issue of material fact as to
   whether the school district's actions after the first remedial action were
   negligent, and that claim should be remanded for further proceedings; no
   error in dismissing plaintiff's constructive discharge claim, as a plaintiff
   must prove either deliberate sexual harassment or a deliberate effort to
   force her resign, and an employer's negligence in dealing with claims of
   continuing sexual harassment does not rise to the level of deliberate
   behavior need to impose liability