DOJ intervenes in support of gay student’s Title IX suit against New York district
The U.S. Department of Justice (DOJ) has intervened in the civil case of a former Mohawk Central School District student, says the Utica Observer-Dispatch, citing Title IX of the Civil Rights Act of 1964 as the basis for joining the lawsuit. According to an attorney in the case, DOJ’s intervention could lead to a broader interpretation of Title IX, which prohibits gender discrimination, by applying it to the harassment of a gay male. The 14-year-old openly gay student, Jacob, who once attended Gregory B. Jarvis Junior/Senior High School, alleges the district failed to stop other students and a teacher from bullying him because of his sexual orientation. The federal involvement represents a significant shift for the Justice Department under the Obama administration, the New York Civil Liberties Union (NYCLU) lawyer said. “This is a very significant development and great news for the children who go to school in the Mohawk district,” said NYCLU’s executive director Donna Lieberman. The NYCLU filed the suit on Jacob's behalf, alleging that the openly gay student became the subject of verbal and physical harassment, to the point that he was pushed down the stairs, while Mohawk school officials did nothing. The suit, filed in federal district court, seeks undisclosed monetary damages. The Justice Department’s legal filing states the government is entering the case against Mohawk to ensure “district-wide relief for all district students” in the future. Court records state that a DOJ assistant attorney general authorized the department’s intervention “by certifying that this is a case of general public importance.”
In a statement, the school district suggested it was close to a possible settlement, but Superintendent Joyce Caputo declined to elaborate. “The Mohawk Central School District cooperated fully with representatives of the U.S. Justice Department back in December when they indicated an interest in this case. We’ll continue to cooperate,” Caputo stated. The district is open to new ideas and recommendations on how it can take a more proactive role in teaching respect and an appreciation for diversity, she said. The district has conducted staff development programs on the topic and put several new anti-bullying programs and supports into place in the past year.
Source: Utica Observer-Dispatch, 1/16/10, By Emerson Clarridge
[Editor’s Note: Follow the link below to read the NYCLU’s complaint.]
NYCLU legal complaint