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An Oklahoma district’s “inconsistent” response to reports of sexual harassment — including a non-binary teen who killed himself after he said he was attacked in a school restroom and bullied for their appearance — was “deliberately indifferent against the civil rights of students. ,” the U.S. Department of Education’s office for civil rights found in an investigation that began last winter.

The Feb. 8 death of 16-year-old Nex Benedict has sparked nationwide protests over the treatment of LGBTQ+ students at school, state laws related to the rights of transgender students and restrictions on how educators can discuss issues such as race and sexuality. . Also prompted the civil rights office — which enforces federal civil rights laws in schools — to open an investigation into the Owasso district’s handling of the and respond to reports of sexual harassment and abuse.

In a news release Wednesday, the department said it “found that the district’s pattern of inconsistent responses to reports of sexual harassment — rarely responding under Title IX or not responding at all — has increased to the point where the district’s response to some families “Reports of sexual harassment were deliberately indifferent to students’ civil rights.”

As part of the settlement agreement with OCR, the district agreed to provide staff and students with Title IX training, conduct a school climate survey, review all sexual harassment complaints received in the past three years, as well as conduct a audit of any new reports. over the next two years and issue a public statement against harassment and non-discrimination, among other steps.

“While we continue to believe that the original complaint to OCR was based on inaccurate information, OPS understands the importance of the district remaining in compliance with Title IX regulations regarding policies, procedures, training and documentation,” Owasso Superintendent Margaret Coates said in a statement posted on the district website. “This voluntary resolution agreement reaffirms our commitment to fostering a non-discriminatory and harassment-free environment for all students and ensures that the district will continue to receive federal funding that is essential in supporting and serving our students with disabilities, English language learners, and from an economic point of view. disadvantaged students.”

In his statement, Coates said the district is “committed to meeting” the requirements of the agreement with OCR “with the utmost seriousness and care because we believe every student has the right to learn in an environment free of discrimination and harassment.” We are confident that these steps will enhance the safety and inclusion of our school community.”

Over three years, including in Nex’s case, the district repeatedly failed to explain to students and staff the process for filing Title IX complaints or to “promptly contact a complainant to discuss the availability” of support services such as counseling and program changes, according to the OCR release.

Nex told police that three female students physically attacked them in a girls’ restroom at Owasso High School after mocking the way they dressed, according to footage from a body camera carried an officer as he questioned the student at a hospital following the fight. A subsequent autopsy they found Benedict dead by suicide and left handwritten notes “suggestive of self-harm”.

Human Rights Campaign President Kelley Robinson filed a complaint with OCR alleging Owasso schools failed to respond to sex-based harassment.

“We believe Nex’s death is the natural consequence of a growing tide of hatred against LGBTQ+ people,” Robinson wrote in a Feb. 21 letter to U.S. Education Secretary Miguel Cardona. She highlighted state legislative efforts “focused on demonizing transgender and gender-expanding youth specifically,” including an Oklahoma law barring transgender students from using restrooms consistent with their gender identity.

Federal Department of Education regularly open inquiries into complaints under a number of federal civil rights laws, often reaching settlements with districts to fix problems before those investigations are complete. The investigations carry the implicit threat of losing federal funding if districts do not agree to correct areas of noncompliance.

OCR detailed four other instances in which the Owasso district failed to take appropriate action under Title IX regulations after receiving reports of harassment, including: that a teacher was “grooming” female students on social media by posting more of 130 messages requesting photos and describing their physics. 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 unwanted sexual advances toward another student on the school bus; and that several students were subjected to repeated “sex-based” insults, harassment and physical assault.

The Owasso district conducted two formal Title IX investigations in the last three school years, but was “able to produce only limited records for OCR regarding these two matters.” The department found that the district violated Title IX regulations by failing to adopt an adequate complaint process and for failing to maintain required records.

OCR found no violations of Section 504 of the Rehabilitation Act or Title II of the Americans with Disabilities Act.

OCR completed its investigation in the final months of President Joe Biden’s administration, before President-elect Donald Trump took office and potentially changed OCR’s enforcement priorities — something that may happen under new leadership.

Biden last April issued new Title IX regulations to expand the law’s protections against sex discrimination to also cover gender identity and sexual orientation. But the new regulation is pending in Oklahoma and 25 others Republican-led states sued to stop it.

Before issuing the new regulation, the administration had issued guidance counseling schools that OCR would interpret Title IX to also prohibit discrimination in federally funded schools based on gender identity and sexual orientation.