Letter Urging Adoption of Safe Schools Policies

Dear School Principal, Administrators, and School Board Members:

Lesbian, gay, bisexual and transgender students, when compared with their heterosexual peers, are:

• 4 times as likely to be threatened with a weapon at school;

• 4 times as likely to be assaulted and require medical attention;

• 5 times as likely to skip school because of fears of harassment and abuse.

We think it is important for you and the school community to face these startling facts now. You have a responsibility to ensure that every student in every school has a safe environment in which to grow and excel academically. This duty can include legal liability if the school environment is unsafe.

In 1996, a student sued his former school because it allowed anti-gay harassment against him to escalate so far that a group of students used a broomstick and perform a mock rape on him. The school’s response to the rape? "Boys will be boys." In the first federal court decision dealing with school-based discrimination against a gay or lesbian young person, the court decided that these school officials had violated the student’s constitutional rights and were legally liable for their actions. (Nabozny v. Podlesny, 92 F.3D 446 (7th Cir. 1996)). On the eve of a jury trial to determine damages, the school district agreed to pay the student nearly one million dollars. Since that time, more and more school districts have stepped forward to protect lesbian, gay, bisexual and transgender students before anti-gay harassment led to an unsafe environment. A number of school districts that have not taken proactive steps have been sued.

One way many schools have responded is by adopting non-discrimination and/or anti-harassment policies that include sexual minority students and teachers. It makes sense to add sexual orientation to the school policies because the best way to make sure that harassment does not happen is to make sure everyone in the school understands that it will not be tolerated.

Whether a school has a policy or not, it can be liable for discrimination and harassment based on prejudice against lesbian, gay, and bisexual students and teachers — and that can include harassment by peers that the school allows to occur. If a school receives federal money, federal law also forbids sexual harassment against lesbian, gay, bisexual and transgender students. So an effective way to protect both the students and the school is to adopt — and strictly enforce — a policy clearly prohibiting harassment and discrimination based on sexual orientation.

The ACLU urges you to address the risks faced by lesbian, gay, bisexual and transgender students in your schools. Many resources are available to help you learn more about the school’s legal duties to ensure a safe environment for every student, no matter what their sexual orientation. Your local ACLU affiliate can provide more information about anti-harassment policies and direct you to other groups that are working to promote a non-discriminatory school for everyone. If you have further questions, please feel free to contact us.

Sincerely,

Jennifer Middleton Staff Attorney

(Please feel free to print and copy to use this letter as an advocacy tool in your own school.)