Tuesday, November 19, 2013
Case Alleging School Interfered with Protests of Mistreatment of Lesbian, Gay, Bisexual and Transgendered Students Moves Forward
Amber Hatcher, a student at Desoto County High School, filed a lawsuit against the Desoto County School Board, the Principal at her high school, and other school officials alleged that they "have engaged and are engaging in conduct which violates her First Amendment rights. In April, 2012 [Hatcher] sought to organize and participate in the National Day of Silence at her high school in an effort to bring attention to the harms associated with bullying and harassment directed at lesbian, gay, bisexual and transgender students." Hatcher asserts that the school interfered with her ability to bring attention to the issues and that it plans to do so again this year.
In Hatcher ex rel Hatcher v. DeSoto County School Dist. Bd. of Educ,, 939 F.Supp.2d 1232 (M.D. Fla. 2013), the district court found that "[a]t least some of these proposed activities were well within the First Amendment and required no approval by any school official, e.g., remaining silent outside of class, communicating in writing or by dry erase board outside of class, non-vulgar conversations about the upcoming National Day of Silence." Thus, it denied the defendant's motion to dismiss and claims of qualified immunity.
Monday, November 18, 2013
Last week, La Feria School District in Texas told Jeydon Loredo that his picture would not appear in the school's yearbook. Jeydon grew up female but identifies as male. He posed for his high school senior picture in a tuxedo. The school's rationale for excluding him was its dress code. Jeydon's mother said that officals told her that her son's picture in a tuxedo "goes against the community standards.” They further indicated that “they were a conservative school and that (outfit) wouldn’t follow the school policy as far as their dress code.” If he wanted to be included in the yearbook, he would need to wear feminine clothing.
The Southern Poverty Law Center (SPLC) came to Jeydon's defense and threatened to sue the district for violating his First Amendment, Equal Protection, and Title IX rights. After a meeting with the SPLC, the district changed its position and will include Jeydon's picture in a tuxedo in the yearbook. One wonders whether the district knew it was violating the law to begin with and thought it could get away with it or if it only came to realize the err in its ways after speaking with SPLC. Either way, this story shows a lot of education around these issues is necessary.
Tuesday, November 12, 2013
A recent survey of 282 colleges and 44 college administrators found that 67% of students experienced harassment on campus and 61% witnessed another student being harassed. Those students reported that the harassment had significant effects on their education. Forty-six percent said harassment caused disappointment with college experience. Twenty percent said harassment interfered with their concentration in class. And 23% said harassment caused them to miss class and other campus activities. Only 17% of students, however, actually reported the harassment to a college officials. Fifty-five percent of college administrators cite the cause of the low reporting rates as begin poor reporting and enforcement mechanism.
The survery is not nearly as nuanced as the ones conducted by the American Association of University Women (AAUW), but its results are largely consistent with the AAUW's last report in 2005, Drawing the Line: Sexual Harassment on Campus. As some may recall, reports of this sort were important in prompting the Supreme Court to extend Title IX liability to schools for on-campus harassment. Those cases, however, addressed elementary and secondary schools. Given the different and decentralized context of college campuses, the problem of higher education harassment does not easily mess with the rules developed for elementary and secondar schools. These persistently high numbers in college suggest a different approach is necessary (not that the problem has been solved in elementary and secondary schools).
Thursday, October 10, 2013
Scholars like Gregory Parks have done extensive work on hazing in higher education, see, e.g.. An unfortunate new field may be opening for them: high school. The Seattle Times reports that a local high school:
has temporarily expelled 11 sophomores, juniors and seniors. The students are banned while Seattle police and school officials continue investigating the Sept. 27 incident when students were discovered at the Washington Park Arboretum drinking alcohol. Some were dressed in diapers, being pelted with eggs and paddled with boards.
Some of the students, surprised when Howard and school security aides arrived, hurled derogatory names at the principal — including a racial epithet.
Apparently, this was all occurring during school hours. This also comes after an incident last June at another local school where "seven juniors were beaten, burned with cigarettes and cigars, and pelted with eggs during hazing. The hazing was an initiation rite for the 'Naked Vikings,' a group not officially sanctioned by the school, but allowed to cheer at football and basketball games."
Let us hope these are isolated incidents and that the Office for Civil Rights can articulate the legal rationale whereby at least some of the hazing falls within the purview of Title IX and Title VI, which would obligate schools to address it rather than look the other way, as some claim the schools have done in the past.
Thursday, September 26, 2013
In a story so shocking, it is hard to believe, the superintendent and athletic director of a suburb school district outside of Philadelphia were just removed/allowed to resigned from their positions after an IT employee leaked their electronic conversations containing repeated use of the n-word. Coatesville Area School District Superintendent Richard Como and Director of Athletics and Activities Jim Donato apparently had the following to say about their students and teachers:
'All should just have whatever first names they want...then last name is N*****!
'Leroy N*****, Preacher N*****, Night train n*****, clarence n*****, Latoya n*****, Thelma n***** and so on.'
'Great idea! Joe n***** bill n***** snake n***** got a nice ring to it.'
'Could have whole homerooms of n*****!'
'Hahahahaha! Will N***** report to the office, pardon the interruption but will n***** report to nurses office. N***** to lunch now!'
When the superintendent was talking about 23 teachers laid off, Donato asked: 'How many n****** out of 23? Not enough!” The superintendent replied: 'Don't know but think it's only 4-5. At most until last minute rush of firing by Goo of Phoenix and Kamara.' 'Good hangings there,' Donato responded.
October is National Anti-Bullying Month, and Florida International University (FIU) College of Law is hosting National Voices for Equality, Education and Enlightenment (NVEEE) for the “Not on My Watch” Anti-Bullying Summit on Saturday, October 19. Panelists will include Jane Clementi, mother of Tyler Clementi, a gay teen who ended his life several days after a cyber-bullying incident by jumping off the George Washington Bridge; Cassidy McMillan, Producer and Director of the Award-Winning Documentary “Bullies and Friends;” Trish Behnke and Tracy Fentress, the mothers of 14-yr-old best friends Haylee Fentress and Paige Moravetz, whose double suicide pact due to bullying and harassment shocked the nation; April L. Vance, President and CEO of Advance Project; and Jowharah Sanders, Founder and Executive Director of NVEEE. Middle and high-school students, parents, teachers, administrators, counselors, support staff, faith-based communities, members of the lesbian, gay, bi-sexual and transgendered (LGBT) community, elected officials and policy makers have also been invited. The summit is free and open to the public. It will be held at the Modesto A. Maidique Campus, 11200 S.W 8th Street Miami, FL 33199 from 8:30a.m - 2:30p.m. Registration is required. To register, visit http://tinyurl.com/ksays7q. Click here to see a slideshow about the summit.
Monday, September 23, 2013
Just last week, I posted on a Connecticut court rejecting a student's cause of action under the state's anti-bullying statute. In contrast, the Old Bridge School Board in New Jersey settled an anti-bullying case for 60,000 last week. New Jersey's anti-bullying law is considered the toughest in the nation. It was a response to the public outcry over the suicide of Tyler Clementi, a freshman at Rutgers University, in 2010. The explicit mandates and clarity of the New Jersey law seems to have made all the difference.
This clarity has a huge upside statewide. Knowing the risks of litigation, districts will respond quicker and more effectively to bullying. Those who do not will suffer the consequences. The trouble is discerning what amounts to "bullying" around the margins. All "bullying" is serious and I, in no way, mean to minimize it. Schools should be held accountable for the failure to stop it. But some schools overreact and punish behavior that is not bullying. From many schools' perspective, it is better to be safe (as in not get sued) than sorry. This is the same approach we saw schools take with zero tolerance policies on weapons and drugs, which has lead to the expulsion of children with finger clips, butter knives in their lunch boxes, and tylenol in their purse. New Jersey has apparently already seen some potential overreactions/over-broad applications with bullying. None of this is to find flaw in the law, but to point out the potential serious downside of applying laws without a good dose of common sense and judgment. Unfortunately, those dreaded professional development workshops might be of some use here.
Friday, September 20, 2013
In 2002, the Connecticut Legislature enacted an anti-bullying statute that directed schools to come up with policies and procedures to address and prevent bullying. In the wake of high profile bullying incidents that led to the victims' suicide or other serious harm, Connecticut reenacted and strengthened the statute in 2011. The current statute broadly defines bullying and harassment and provides that "Each local and regional board of education shall develop and implement a safe school climate plan to address the existence of bullying in its schools." Conn. Gen. Statute 10-222d. It further specifies 17 different responsibilities, structures, and procedures that must be included in the plan and complied with. Id. The statute does not include an explicit cause of action.
Some prior courts had addressed the existence of cause of action under the old version of the statute, but Mazzo v. Town of Fairfield Bd. of Educ., 2013 WL 4872203 (Sup. Ct. of Conn. 2013), appears to be a case of first impression regarding the newly enacted version of the statute. Plaintiff's primary argument appeared to be that Conn. Gen. Statute 10-222l evidences intent to create of cause of action because, while that section speaks to immunity, it conditions that immunity on good faith compliance with the statute. In other words, plaintiff argues that a basic failure to attempt to comply with the Act is not granted immunity and, thus, is actionable under the act.