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An Oklahoma district’s “inconsistent” response to sexual-harassment reports—including in the case of a nonbinary teen who died by suicide after they said they were attacked in a school restroom and bullied for their appearance—was “deliberately indifferent to students’ civil rights,” the U.S. Department of Education’s office for civil rights found in an investigation it started last winter.
The Feb. 8 death of 16-year-old Nex Benedict sparked protests around the country about the treatment of LGBTQ+ students at school, state laws related to the the rights of transgender students, and restrictions on how educators can discuss issues like race and sexuality. It also prompted the office for civil rights—which enforces federal civil rights laws at schools—to open an investigation into how the Owasso district handles and responds to reports of sexual harassment and abuse.
In a press release on Wednesday, the department said it “found that the district’s pattern of inconsistent responses to reports it received of sexual harassment—infrequently responding under Title IX or not responding at all—rose to the level that the district’s response to some families’ sexual harassment reports was deliberately indifferent to students’ civil rights.”
As part of the resolution agreement with OCR, the district agreed to provide Title IX training to staff and students, conduct a school climate survey, review all complaints of sexual harassment received in the past three years as well as conduct an audit of any new reports in the next two years, and issue a public anti-harassment and nondiscrimination statement, among other steps.
“While we continue to believe the original complaint made to OCR was based on inaccurate information, OPS understands the importance for the district to remain in compliance with Title IX regulations in regard to policies, procedures, training, and documentation,” Owasso Superintendent Margaret Coates said in a statement posted on the district’s website. “This voluntary resolution agreement reaffirms our dedication to fostering a non-discriminatory and harassment-free environment for all students and ensures the district will continue to receive federal funding which is critical in supporting and serving our students with disabilities, English Language learners, and economically disadvantaged students.”
In her statement, Coates said the district is “committed to fulfilling” the requirements of the agreement with OCR “with the utmost seriousness and care, as we believe every student has the right to learn in an environment free from discrimination and harassment. We are confident that these steps will enhance the safety and inclusivity of our school community.”
Over the course of three years—including in Nex’s case—the district repeatedly failed to explain to students and staff the process of filing Title IX complaints or “promptly contact a complainant to discuss the availability” of supportive services, like counseling and schedule changes, according to the OCR release.
Nex told police three students physically attacked them in an Owasso High School girls’ restroom after mocking the way they dressed, according to footage from a body camera an officer wore as he questioned the student in a hospital following the fight. A later autopsy found Benedict died by suicide, and they left handwritten notes “suggestive of self-harm.”
Human Rights Campaign President Kelley Robinson filed a complaint with OCR alleging that Owasso schools failed to respond to harassment on the basis of sex.
“We believe that Nex’s death is the natural consequence of a growing wave of hatred against LGBTQ+ people,” Robinson wrote in a Feb. 21 letter to U.S. Secretary of Education Miguel Cardona. She highlighted states’ legislative efforts “focused on demonizing transgender and gender-expansive youth specifically,” including an Oklahoma law that prohibits transgender students from using restrooms consistent with their gender identity.
The federal Education Department regularly opens investigations into complaints under a range of federal civil rights laws, often reaching agreements with districts to remedy problems before those investigations are complete. The investigations carry the implied threat of the loss of federal funding if districts do not agree to correct areas of noncompliance.
The OCR detailed four other instances in which the Owasso district failed to take appropriate action under Title IX regulations after receiving harassment reports including: that a teacher was “grooming” female students on social media by sending more than 130 messages requesting photographs and describing their physical appearance; that an elementary school student was subjected to repeated harassing comments that were “sexual in nature”; that a male student repeatedly hit and made unwelcome sexual advances toward another student on the school bus; and that several students were subjected to repeated “sex-based” slurs, harassment, and physical assault.
The Owasso district had conducted two formal Title IX investigations in the past three school years, but was “able to produce only limited records to OCR with respect to those two matters.” The department found that the district violated Title IX regulations by not adopting an adequate grievance process and for not fulfilling required recordkeeping.
OCR did not find violations of Section 504 of the Rehabilitation Act or Title II of the Americans with Disabilities Act.
OCR finalized its investigation in the final months of President Joe Biden’s administration, before President-elect Donald Trump takes office and potentially changes OCR’s enforcement priorities—something that can happen under new leadership.
Biden last April issued new Title IX regulations to expand the law’s sex-discrimination protections to also cover gender identity and sexual orientation. But the new regulation is on hold in Oklahoma and 25 other Republican-led states that sued to stop it.
Before issuing the new regulation, the administration had issued guidance advising schools that OCR would interpret Title IX to also prohibit discrimination in federally funded schools based on gender identity and sexual orientation.
