School Board Pays $451,000 To End Gay Student's Suit
by 365Gay.com Newscenter Staff

August 29, 2002

(San Francisco) A Nevada teenager who was beaten, spat upon, called names and threatened with a lasso during his three years in three separate Reno high schools has settled a lawsuit with the district school board.

Derek Henkle calls his high school experience "a campaign of intimidation and harassment" that literally left him fearing for his life.

When he complained to school officials, Henkle says he was told to "stop acting like a fag" and keep his sexual orientation quiet.

But, Henkle did not keep quiet. He hired a lawyer.

Wednesday it was announced that the Washoe County School District was settling out of court for $451,000, believed to be the largest pre-trial award of its kind in the US.

Now 21, and living in San Francisco, Henkle says he will use the money for college.

"There were points in my childhood when I didn't know that I'd make it past my childhood, so it's great to be standing here today," Henkle, told a news conference in announcing the deal.

His lawyers say the deal could set policy precedents for schools around the country.

"This is the farthest reaching settlement in a student sex orientation case in the nation," said Jon Davidson, senior legal counsel at Lambda Legal. "This case has established the Constitutional right of gay students to be 'out' at school."

Under the terms of the settlement the school board admits no wrongdoing but agrees to implement sweeping new policies designed to protect gay and lesbian students on campus.

It will create student education programs about harassment and intimidation of students. The board will also train teachers and administrators in preventing harassment, and when incidents do arise to respond to them. And, it acknowledges that students' freedom of expression includes the right to discuss their sexual orientations and related issues.