Case: Department of Education investigation of Fayetteville Public Schools

98-6971182 | No Court

Filed Date: Feb. 25, 1997

Closed Date: June 17, 1999

Clearinghouse coding complete

Case Summary

This Title IX matter was apparently the first time the federal government agreed that harassment against an LBGT student constituted unlawful sex discrimination. Accordingly, its 1998 settlement was a landmark -- albeit one that very few people know about.On February 25, 1997, a gay high school student filed a complaint under Title IX of the Education Amendments Act of 1972 with the Department of Education's Office of Civil Rights, against Fayetteville (AR) Public Schools. The student, represe…

This Title IX matter was apparently the first time the federal government agreed that harassment against an LBGT student constituted unlawful sex discrimination. Accordingly, its 1998 settlement was a landmark -- albeit one that very few people know about.

On February 25, 1997, a gay high school student filed a complaint under Title IX of the Education Amendments Act of 1972 with the Department of Education's Office of Civil Rights, against Fayetteville (AR) Public Schools. The student, represented by Lambda Legal, claimed that the school's failure to respond to the sexual harassment he suffered at the hands of other students constituted sex discrimination under Title IX because the school district would have responded differently to a similarly situated female student. Specifically, the student claimed that he was harassed by several students from grades eight through ten, including daily harassment and destruction of his possessions and one incident that resulted in a broken nose and a bruised kidney. The school failed to address the ongoing harassment, and the student's parents eventually pulled him out of school in fear for his life.

On June 17, 1998, before the OCR investigation finished, OCR and the Fayetteville school system came to a settlement agreement. The school district agreed to train faculty to handle sexual harassment among students, including harassment on account of sexual orientation. It also agreed to hold an orientation for students on the subject of sexual harassment; respond in an effective and timely manner to all complaints of sexual harassment, regardless of the gender of the student; and report to the Office of Civil Rights until the end of the 1998-1999 school year.

Summary Authors

Katherine Reineck (11/8/2015)

People


Attorney for Plaintiff

Buckel, David S. (New York)

Expert/Monitor/Master/Other

August, Taylor D. (Texas)

Attorney for Plaintiff
Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

97-6971182

Commitment to Resolve

June 17, 1998

June 17, 1998

Settlement Agreement

97-6971182

Resolution Letter to Defendant

June 17, 1998

June 17, 1998

Findings Letter/Report

97-6971182

Resolution Letter to Plaintiff

Department of Education investigation of Fayetteville Public Schools

June 17, 1998

June 17, 1998

Findings Letter/Report

Docket

Last updated Aug. 30, 2023, 2:44 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Arkansas

Case Type(s):

Education

Key Dates

Filing Date: Feb. 25, 1997

Closing Date: June 17, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A gay high school student who suffered sexual harassment at school

Plaintiff Type(s):

Private Plaintiff

Non-DOJ federal government plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fayetteville Public Schools (Fayetteville), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Special Case Type(s):

Out-of-court

Available Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1998 - 1999

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Recordkeeping

Monitoring

Issues

General:

Assault/abuse by residents/inmates/students

Failure to discipline

Failure to supervise

Failure to train

Staff (number, training, qualifications, wages)

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sex discrimination

Sexual orientation

Type of Facility:

Government-run