Federal government intervenes in Mohawk gay rights suit
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By ANDREW DONOVAN
Story Created:
Jan 15, 2010 at 9:02 PM EST
Story Updated:
Jan 15, 2010 at 9:53 PM EST
MOHAWK, N.Y. (WKTV) - National Public Radio is reporting that the United States Department of Justice is intervening in the lawsuit of the gay Mohawk teenager who felt he was harassed at school.
The Department of Justice claims that the Mohawk School District violated their broad reading of the Title IX statute, which prevents discrimination against students on the basis of gender.
NPR says that Obama administration lawyers argue that the law also covers discrimination based on gender stereotypes, including boys who are bullied for being effeminate.
Some believe that with the federal government behind their side, they may have a stronger case against the school district.
15-year-old Jacob, whose family requested he only be identified by his first name, sued the Mohawk Central School District claiming that the district did not prevent bullying from other students over his sexual orientation.
The New York Civil Liberties Union filed the lawsuit against the Mohawk Central School District for failing to protect the gay student from harassment, abuse, and threats.
The suit filed by the NYCLU says a 14-year-old student at the Gregory B. Jarvis Junior-Senior High School was repeatedly verbally and physically harassed over the course of two years because he is gay.
The suit says Mohawk Central School District officials were repeatedly made aware of the situation, but didn't investigate the harassment or discipline the harassers.
In a statement on its website, the NYCLU says the harassment started for the student when he was in seventh grade. They say he was harassed by other students because he is gay, dyes his hair, and wears eye makeup. The NYCLU says the fourteen-year-old was regularly pushed and had things thrown at him. At least one teacher allegedly told him he should be ashamed of himself for being gay.
The Mohawk School Superintendent Joyce Caputo says the District has acted responsibly in addressing bullying and harassment and released a statement saying:
"Our District has not and will not knowingly tolerate discrimination or harassment of its students by anyone. I truly believe that the Mohawk Central School District is a safe environment for all students and staff and we are committed to respecting the diversity of our educational community."
The NYCLU says the lawsuit is seeking changes to school policies and practices to address harassment, as well as compensatory and punitive damages.
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