National
DOJ, DOE reach anti-bullying deal with Minn. school district
Nine youths had committed suicide after being bullied
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.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
