U.S. Department of Education Finds Nex Benedict’s School District Accountable for Fostering Hostile Climate In Response to HRC Complaint

WASHINGTON - Today, the Human Rights Campaign, the nation's largest lesbian, gay, bisexual, transgender, and queer (LGBTQ+) civil rights organization, applauded news that the U.S. Department of Education Office for Civil Rights (OCR) has completed its investigation and is holding Owasso Public Schools accountable for systemic violations of Title IX of the Education Amendments of 1972. This finding comes in response to HRC's complaint filed in February of this year regarding the conditions at Owasso Public Schools following the tragic death of Nex Benedict, who died by suicide one day after being assaulted by two classmates in a school bathroom.

According to OCR,

"OCR identified repeated instances over a three-year period in which district staff received notice of possible sexual harassment, yet district staff did not explain the process for filing a Title IX complaint or promptly contact a complainant to discuss the availability of supportive measures, such as counseling or schedule changes. The 2020 regulations to Title IX require school districts to follow these procedures after receiving notice of conduct that could constitute sexual harassment. These district failures to respond to notice of sexual harassment involved reports it received:

• That a teacher was grooming female students on social media through sending more than 130 messages to them describing their physical appearance and requesting their photographs, among other topics,

• That a very young elementary school student was subjected to repeated harassing remarks that were described as sexual in nature,

• That a male student repeatedly hit and made unwelcome sexual comments to a female sixth grade student at school and on the school bus, and,

• That multiple students were subjected to repeated sex-based slurs, harassment, and physical assault."

As a result of these findings, Owasso Public Schools has entered into a resolution agreement with OCR that includes requiring the school district to follow up with the parents of students affected by harassment to advise them of their rights to file claims of discrimination under Title IX, make public anti-harassment and nondiscrimination statements to the public, revise its policies to be in compliance with Title IX, provide training on Title IX to school staff and students, conduct a school climate survey, review all student complaints filed within the prior 3 years and audit complaints over the next 2 years, and ensure that incidents are properly documented and records are preserved.

HRC president Kelley Robinson responded with the following statement:

"Today's resolution agreement from the US Department of Education leaves no doubt: the Owasso School District failed Nex Benedict and many other vulnerable students under their care. The evidence shows that officials were well aware of the hostile climate in their schools, yet repeatedly chose indifference and inaction when confronted. While no accountability measure can fully heal the grief and anger that Nex's family and this community feels, today, a message has been sent: Trans and non-binary students have worth. They and all students have rights, regardless of who is in the White House. And they deserve the same access to a quality and safe education - just like every other child in America."

"We are deeply grateful for the hard-working advocates in Oklahoma who have been doing this work for many years in the face of a whole-of-government effort to discriminate against LGBTQ+ people."

For more information about Nex Benedict, click here.

The Human Rights Campaign is America's largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer (LGBTQ+) people. HRC envisions a world where LGBTQ+ people are embraced as full members of society at home, at work and in every community.