Filed Date: Feb. 25, 1997
Closed Date: June 17, 1999
Clearinghouse coding complete
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)
Buckel, David S. (New York)
August, Taylor D. (Texas)
Last updated Aug. 30, 2023, 2:44 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Arkansas
Case Type(s):
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):
Non-DOJ federal government plaintiff
Attorney Organizations:
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):
Case Details
Causes of Action:
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1998 - 1999
Content of Injunction:
Develop anti-discrimination policy
Issues
General:
Assault/abuse by residents/inmates/students
Staff (number, training, qualifications, wages)
LGBTQ+:
Discrimination-basis:
Type of Facility: