On December 17, 2013, D.H., a lesbian student in Moss Pointe School District, filed this federal lawsuit against Moss Point School District ("MPSD") in the United States District Court for the Southern District of Mississippi. Represented by the Southern Poverty Law Center, the plaintiff alleged MPSD violated Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and the Equal Protection clause of the Fourteenth Amendment to the U.S. Constitution. She sought injunctive relief, damages, and attorneys' fees and costs.

Specifically, the plaintiff's complaint alleged that the school district had discriminated against D.H. on the basis of her gender expression and sexual orientation by failing to adequately protect D.H. from harassment by employees and students. While attending Moss Pointe Middle School, students and staff referred to D.H. as "it" and "he/she." On several occasions the staff refused to let her participate in gender segregated activities, claiming they did not know her gender, and refused to let her use the women's bathroom. The plaintiff's complaint also alleged that the school district's acts and omissions surrounding the harassment created a hostile climate that deprived D.H. of access to educational opportunities.

On January 27, 2015, D.H. and MPSD reached a settlement agreement. The agreement is not published, but the Southern Poverty Law Center wrote a summary providing general details of the agreement. According to the summary, within the settlement the school district agreed to implement new anti-bullying and discrimination policies and publish them in the parent/student and employee handbooks as well as on the school district's website. MPSD also agreed to adopt and implement new equal educational opportunity policies geared toward prohibiting discrimination on the basis of gender identity or expression and sexual orientation. Lastly, MPSD agreed to reform its procedures for addressing student and parent complaints of bullying and harassment. The financial terms of the settlement were not disclosed.

The case was dismissed with prejudice as to all parties on February 18, 2015. The court retains jurisdiction to enforce the settlement agreement.

Heather Turner - 06/06/2014
Mackenzie Walz - 11/08/2017


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