The U. S. Department of Justice late last month agreed to a settlement with a New York school district that was accused of failing to protect a student who faced persistent antigay discrimination.
The case marked the first in more than a decade in which the federal government contended harassment based on one’s gender identity should be classified as sex discrimination under Title IX.
The settlement stipulated that the Mohawk Central School District, located in central New York, will give the targeted student $50,000, which will be placed in a trust fund for him, and an additional $25,000 to the New York Civil Liberties Union, which represented the teen.
The agreement does not amount to an admission of wrongdoing on the part of the district, but in a joint statement released by the district and the DOJ last week, both said they hoped the case will “serve as a model for other school districts confronting the issues of bullying and intolerance” for LGBT youth.
In addition to the compensatory provisions, the school district will review its policies regarding harassment based on sex, gender identity and expression and sexual orientation, and will work with the Anti-Defamation League to train staff on the best methods to stem classroom bullying.
“We applaud the school district for making this commitment to protect all students from bullying and harassment,” said Corey Stoughton, New York Civil Liberties Union senior staff attorney and lead attorney for the plaintiff. “We look forward to working with district officials and the Department of Justice on implementing these important reforms and hope that they will inspire other school districts to confront bullying of LGBT and gender-non-conforming students.”
The now-15-year-old student, Jacob, filed suit against his school district in August after enduring a barrage of both verbal and physical harassment for dressing and acting too effeminate, which the student argued school officials were aware of but didn’t do enough to prevent.
While initially represented by the New York Civil Liberties Union, the DOJ filed a motion to intervene in January, citing “important issues” the federal case brought up and its goal of working to ensure “district-wide relief for all district students.”
Since filing the suit, Jacob has transferred to a school in another district.
Mohawk superintendent Joyce Caputo said in a statement last week that Mohawk is committed to offering safe learning environments for all of its students.
“We recognize there is always room to learn and improve, and we intend to do just that,” she said.
Jen Colletta can be reached at [email protected].