The school board on Tuesday agreed to settle the federal civil rights lawsuit filed two years ago by Derek Henkle for $451,000.
The settlement includes changes to school district policies on how to better protect the civil rights of gay and lesbian students. Because of that, a second and final vote is needed. The board is scheduled to take that action when it meets Aug. 27.
According to court documents, the harassment was so pervasive that Henkle was forced to transfer to three different high schools to escape it.
When he was 16, he enrolled in the adult education program at Truckee Meadows Community College and later earned his general equivalency diploma in Atlanta.
In his suit, Henkle also claimed the harassment prevented him from getting his high school diploma and undermined his professional marketability.
The suit also accused school staff of refusing to
investigate his claims of assault and harassment, or to punish the students
responsible.
Copyright © 2002 The Reno
Gazette-Journal
Washoe County school trustees agreed 7-0 Tuesday to pay $451,000 and change three civil rights policies under a settlement agreement to resolve a former gay student’s claims of discrimination at school.
Because the settlement includes changes to policy, another vote for final approval will be at the end of the month.
Former Wooster High School student Derek Henkle filed a federal lawsuit against the district and several staff members in 2000 for failing to address repeated on-campus incidents of ridicule, threats and assault because he is gay.
In addition to offering the money, trustees agreed to expand three policies to include gay people and those who don’t “conform to gender stereotypes.”
For example, one policy says the right to free expression is the right to disclose or discuss sexual orientation.
Another policy requires regular staff training and student education regarding harassment, sexual harassment and intimidation.
Henkle, who works in the Bay area, and his lawyers still must approve the settlement before it becomes effective.
Superintendent Jim Hager said the district’s insurance carrier will pay the settlement.
Washoe County school trustees will consider paying a former gay student $451,000 to settle claims of discrimination and harassment.
The proposed settlement also would amend three district policies to better protect the civil rights of gay and lesbian students.
If approved by both sides, the settlement would resolve a two-year federal court case in which Derek Henkle accused district teachers, principals and police officers of failing to intervene when classmates harassed and assaulted him because he is gay.
On the advice of principals, Henkle transferred from Galena to Washoe to Wooster high schools from 1995 to 1997 because of the harassment.
Superintendent Jim Hager says the district doesn't admit wrongdoing in the proposed agreement and added that the district's liability insurance would cover the settlement.
The school board is scheduled to take a final vote on the settlement Aug. 27.
According to court documents, the harassment was so pervasive _ ranging from verbal taunts to being punched in the face and lassoed around the neck _ that Henkle transferred to three different high schools to escape it.
When he was 16, he enrolled in the adult education program at Truckee Meadows Community College and later earned his general equivalency diploma in Atlanta.
In his lawsuit, Henkle also claims the harassment prevented him from getting his high school diploma and undermined his professional marketability.
The suit also accuses school staff of refusing to investigate his claims of assault and harassment, or to punish the students responsible.
According to court documents, school staff witnessed several incidents but refused to intervene and instead told Henkle to keep his sexuality private, a request his lawyers said violated his First Amendment right to freedom of speech and expression.
A former Washoe County student would get a $451,000 settlement under a deal district trustees will consider Tuesday to resolve his claims of anti-gay discrimination and harassment on campus.
The proposed settlement also would amend three district policies so that they explicitly protect gay students’ civil rights. Trustees are scheduled to take a final vote on the settlement at their Aug. 27 meeting.
If approved by both sides, the settlement would resolve a 2-year-old federal court case in which Derek Henkle accused district teachers, principals and police officers of failing to intervene when classmates slurred and assaulted him because he is gay. On the advice of principals, Henkle transferred from Galena to Washoe to Wooster high schools from 1995 to 1997 because of the harassment.
District officials don’t admit wrongdoing in the agreement, Superintendent Jim Hager said.
“I’m delighted we had agreement with this one,” he said.
The district’s liability insurance would cover the settlement, he said.
Attorneys for Henkle and the district declined to comment on the settlement until both sides approve it.
“We have done a lot of work on both sides to make this happen in a way that meets everyone’s needs,” said Peter Obstler, one of Henkle’s lawyers.
Henkle’s case
According to court documents, the harassment was so pervasive — ranging from verbal taunts to being punched in the face and lassoed around the neck — Henkle transferred to three different high schools to escape it. When he was 16, he enrolled in the adult education program at Truckee Meadows Community College and later earned his general equivalency diploma in Atlanta.
One of his causes of action is that the harassment drove him from school and prevented him from getting his high school diploma, which court papers say has undermined his professional marketability.
The complaint also accuses school staff of refusing to investigate his claims of assault and harassment, or to punish the students responsible.
Court papers say school staff witnessed several incidents but refused to intervene and instead told Henkle to keep his sexuality private, a request his lawyers say violated his First Amendment right to freedom of speech and expression.
Possible policy changes
As part of the proposed settlement agreement, district staff will recommend changes to policies on students’ freedom of expression, intimidation, and discrimination and harassment.
The freedom of expression policy outlines the venues and media students may use for speech and expression, including bulletin boards, printed materials and school-sponsored publications. It also notes that unpopular viewpoints and those that make others uncomfortable are protected under the rule.
There are few exceptions to the free-speech rule. The existing policy says speech may not be libelous or slanderous, infringe on others’ rights, disrupt school activities or be obscene. The new policy would add the words, “vulgar, lewd or plainly offensive.”
Trustees also will consider adding the following sentence: “Included in the students’ right of free expression is the right to disclose or discuss their sexual orientation and issues related to sexual orientation.”
Several changes are proposed for the district’s policy on discrimination, harassment and sexual harassment:
o Specifying that students who don’t conform to gender stereotypes may not be harassed or discriminated against, just as students may not be harassed on the basis of race, national origin, sex or sexual orientation or religious preference.
o Educating students about harassment, sexual harassment and intimidation.
o Educating staff about how to prevent harassment and how to respond to harassment.
o Including anti-gay slurs and jokes as general harassment.
o Prohibiting retaliation, such as pranks or unfair treatment or grades, regarding a student’s “race, color, national origin, age, sex (including non-conformity to gender stereotypes), sexual orientation, disability and/or religious preference.”
o Requiring school officials to investigate sexual harassment complaints even if a victim is reluctant to file a formal grievance.
o Imposing progressively harsher penalties for repeat offenders.
o Addressing victims’ or witnesses’ needs via regular meetings with school counselors, increased adult supervision or other remedies. It also specifies that victims won’t be forced to switch classes or drop out of extracurricular activities as a means of protection.