Connect with us

National

DOJ, DOE reach anti-bullying deal with Minn. school district

Nine youths had committed suicide after being bullied

Published

on

The Obama administration has arranged an agreement requiring Minnesota’s largest school district to change its policies after it allegedly allowed students to be subjected to anti-gay harassment.

On Monday night, the Departments of Justice and Education announced it had come to an agreement with six student plaintiffs and the Anoka-Hennepin School District and filed a proposed consent decree with the U.S. District Court for the District of Minnesota.

According to a statement from the Departments of Justice and Education, the consent decree will remain in place for five years and require the Anoka-Hennepin School District to undertake several initiatives:

  • retain an expert consultant in the area of sex-based harassment to review the district’s policies and procedures concerning harassment;
  • develop and implement a comprehensive plan for preventing and addressing student-on-student sex-based harassment at the middle and high schools;
  • improve its training of staff and students on sex-based harassment;
  • appoint a Title IX coordinator to ensure proper implementation of the district’s sex-based harassment policies and procedures and district compliance with Title IX;
  • retain an expert consultant in the area of mental health to address the needs of students who are victims of harassment;
  • provide for other opportunities for student involvement and input into the district’s ongoing anti-harassment efforts;
  • improve its system for maintaining records of investigations and responding to allegations of harassment;
  • conduct ongoing monitoring and evaluations of its anti-harassment efforts;
  • and submit annual compliance reports to the departments.

The agreement that must still be approved by U.S. District Judge Joan N. Ericksen, who’s adjudicating litigation involved in the case, for it to take effect.

In November 2010, the Justice Department received a complaint alleging the school district — which educates more than 40,000 students and oversees 37 schools — was allowing anti-gay harassment of students because they weren’t conforming to gender stereotypes.

In a conference call with reporters on Tuesday, Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division, said the consent decree “provides a comprehensive blueprint for sustainable reform” to enhance the Anoka-Hennepin School District’s policies to protect students.

“The consent decree will build upon the district’s existing anti-harassment efforts to help create  an environment where all students feel safe in school, are free from harassment and can be themselves,” Perez said.

Russlynn Ali, the Department of Education’s assistant secretary for civil rights, said the deal represents collaborative work to ensure students in the Anoka-Hennepin School District feel safe.

“We think their experience can be a model for other districts facing similar struggles, and we’re out here today to say that harassment of students based on failure to conform to gender stereotyping will be not tolerated,” Ali said.

No federal law prohibits schools from allowing harassment or discrimination on basis of sexual orientation or gender identity. However, the Obama administration found that the Anoka-Hennepin School District was in violation of Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, which prohibit harassment on the basis of gender, because schools allowed harassment against students who weren’t conforming to gender stereotypes.

In a “Dear Colleague” letter sent to school districts in November 2010, the Department of Education informed schools it could be violation of existing laws protecting against discrimination on the basis of gender if it allowed anti-LGBT harassment in schools.

In July, the National Center for Lesbian Rights and the Southern Poverty Law Center filed a lawsuit against the district on behalf of six students who say they experienced harassment and violence as a result of an anti-gay environment. As a result of this litigation, the district on the same day it announced it agreed the terms set forth by the Obama administration agreed to pay student plaintiffs a total of $270,000.

Shannon Minter, legal director of the National Center for Lesbian Rights, called the agreements “an important step” in making LGBT and gender non-conforming students feel safe in school.

“The district has committed to a detailed long-term plan to prevent and address harassment, as well as ongoing review of its implementation of the plan by federal agencies,” Minter said. “Along with the district’s repeal last month of its harmful and stigmatizing Sexual Orientation Curriculum Policy, which prevented teachers from effectively responding to harassment, this agreement points the way toward a better future for LGBT students in the district.”

On the same day the agreement was reached, the Justice Department filed a complaint as part of its standard practices to intervene in federal litigation against the Anoka-Hennepin School District. The complaint details harassment of ten students who are identified by letters such as Student A or Student B.

Student A alleged he was told “You’re a guy, act like it” was called “so gay” and “fag,” despite having never identifying his sexual orientation. Students spread false rumors that he was a “pedophile” and alleged he raped his mother. Additionally, other students threatened to kill him, pushed him, threw food at him and called him names nearly every day for two years.

In response, the district discouraged Student A from engaging in gender nonconforming behavior and implemented measures isolating Student A that failed to stop the harassment. One assistant principal allegedly told Student A’s parents to stop him from wearing feminine clothing to school. Staff members took away Student A’s feminine clothing and, in reference to his singing, told him, “Boys don’t do that.”

Another student, Student B, was allegedly called “‘gay boy,’ ‘homo,’ and ‘fag.'” He was allegedly pushed up against a wall and forcibly restrained. Students harassed him with taunts of a sexual nature, saying, ‘Your dads are gay, so you’re going to be gay. Why don’t you just go and suck their cocks now?’”

Student B identifies as straight, but, according to the complaint, participates in a sport “that his peers view as a feminine activity.” He was allegedly told he participates in “a girl’s sport,” and “If a boy is in a girl’s sport, then he must be gay.” Students allegedly also said, “Why don’t you join a real sport like football?”

As a result of this bullying, nine youths have committed suicide in this school district over the past two years. At least four suicide victims were victims of bullying because they were gay or perceived to be gay. Justin Aaberg, who was 15, hanged himself in July 2010 after being subjected to anti-gay harassment.

Anoka-Hennepin Superintendent Dennis Carlson called the consent decree “a positive statement” of the continuing efforts to ensure a “welcoming environment for all students and families in our district.”

“The District and its staff want the public to know that there is another side to the story that we have been and remain unable to tell due to data privacy laws: without exception, our staff investigated and responded properly to reported harassment,” Carlson said. “They disciplined students found to have bullied or harassed other students. However, no one would deny that bullying and harassment are real problems in our society and must be more thoroughly and consistently addressed.”

B. Todd Jones, U.S. Attorney for the District of Minnesota, emphasized the component of the deal requiring the district to hire by September a Title IX consultant to review school policy, including practices that could affect students at risk for mental health problems.

“By the end of the year, the mental health consultant hired by the school will prepare a comprehensive report to the school board with very specific recommendations, and by January of next year, the school will present a plan implementing those recommendations,” Jones said. “We firmly believe that this’ll make a real difference in the lives of students who are struggling as victims of harassment.”

According to the Minneapolis Star-Tribune, the Anoka-Hennepin School District board voted 5-1 on Monday to approve the agreement. The lone school board member to vote it, Kathy Tingelstad, resigned afterwards, reportedly citing concerns about cost, federal intervention in local schools and the precedent set for other districts.

In the conference call, Perez said the U.S. government is involved because it’s responsible for enforcing federal civil rights laws prohibiting against harassment in schools on the basis of gender.

“We have federal laws on the books that protect situations such as this, and so we are simply doing our job or ensuring equal educational opportunity and promoting a safe and healthy learning environment,” Perez said.

Perez said the cost of the deal over the course of five years was $500,000 based on estimates from the district superintendent, but added the district will have opportunities to access federal money to pay for initiatives.

“I think when you address the question of costs, you also have to address the question of benefits, and I think the benefits are priceless,” Perez said. “When you have a nurturing environment that enables students to learn that return on investment is absolutely priceless.”

Legislation that would explicitly ban discrimination against LGBT students, known as the Student Non-Discrimination Act, is pending before Congress. The bill is sponsored in the House by gay Rep. Jared Polis (D-Colo.) and in the Senate by Sen Al Franken (D-Minn.). The Obama administration has yet to endorse the legislation.

Perez said a having law on the books like the Student Non-Discrimination Act would “certainly be helpful,” but stopped short of offering a full-throated endorsement of the bill.

“We have had conversations with various stakeholders on the Hill and spoken about that, and are carefully reviewing that particular proposal,” Perez said.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

Published

on

Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

Continue Reading

Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

Published

on

U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

Continue Reading

Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

Published

on

Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the state’s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michigan’s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their “race, color, religion, gender, or national origin.” Bills proposed by Democratic lawmakers expand the list to include “actual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.” 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, “intentionally or unintentionally” is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney general’s office sent a statement to the Blade supporting stronger hate crime legislation.

“As a career prosecutor, [Nessel] has seen firsthand how the state’s weak Ethnic Intimidation Act (not updated since the late 1980’s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,” the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

“Two years is nothing … Why not just give them a parking ticket?” Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

“You have this confluence of forces on the far right … this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,” Nessel said. “But then you also have the far left that argues basically no one should go to jail or prison for any offense ever.”

The legislature did manage to pass an “institutional desecration” law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for “sexual orientation” but not “gender identity.”

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the “gay panic” defense has passed the state house and was due for a Senate committee hearing on Wednesday.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular