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Nevada School District Settles Key Gay Abuse Case(almost $500,000 )
www.reuters.com ^ | August 28, 2002 | Andrew Quinn

Posted on 09/01/2002 5:03:59 PM PDT by It'salmosttolate

Nevada School District Settles Key Gay Abuse Case

August 28, 2002 04:54 PM ET
By Andrew Quinn

SAN FRANCISCO (Reuters) - A Nevada school district will pay almost $500,000 to an openly gay student who was repeatedly bashed and brutalized in Reno public schools in a settlement deal signed on Wednesday that lawyers said could set policy precedents for schools around the country.

Derek Henkle said he was beaten, spat upon, called names and even threatened with a lasso during his years at three Reno high schools in a campaign of intimidation and harassment that literally left him fearing for his life.

Worse still, Henkle said Washoe County School District officials did little to stop the brutality -- telling him to "stop acting like a fag" and keep his sexual orientation quiet.

Henkle signed a $451,000 settlement with the school district which commits school administrators to implementing sweeping new policies designed to protect gay and lesbian students on campus.

"There were points in my childhood when I didn't know that I'd make it past my childhood, so it's great to be standing here today," Henkle, now 21, said at a news conference in San Francisco announcing the deal.

"My hope going forward is that every school district will take the message that we're sending, which is that every student deserves a safe school."

OFFICIALS ADMIT NO WRONGDOING

Officials in Washoe County, Nevada's second largest school district, confirmed the settlement details while noting they had made no admission of wrongdoing. "Our position is pretty clear: any kid that walks on to one of our campuses -- gay, straight, black, white, Muslim, Jewish, rich, poor, whatever -- deserves to be treated with respect, free of harassment, threats and intimidation," school district spokesman Steve Mulvenon said. v

Henkle's case, which was taken up by Lambda Legal, a national gay and lesbian legal nonprofit group, and the San Francisco law firm of O'Melveny & Myers, was seen as an important test of how far public school districts should go to prevent harassment of gay students.

Henkle's lawyers said Wednesday that the Washoe deal, while not setting any explicit legal precedent, would serve as a clear message to school administrators across the country that ignoring campus gay bashing can leave school districts exposed to claims of civil liability.

"This is the farthest reaching settlement in a student sex orientation case in the nation," said Jon Davidson, senior legal counsel at Lambda Legal. "This case has established the Constitutional right of gay students to be 'out' at school."

LESSONS IN FEAR

Henkle said his school troubles began at the age of 14 after he appeared on a public access television program to discuss being gay.

In his first school, students began shouting "fag" and other epithets at him, beat him up, threw him into lockers and at one point even threatened to tie a lasso around his neck and drag him down the road behind a pick-up truck.

"They said they were going to put on latex gloves so when they beat up the AIDS whore they wouldn't get AIDS," Henkle said.

Administrators reacted by transferring him to another school, where the harassment continued, and then to a third before finally sticking him into an adult education program at a local community college at the age of 16.

"I was forced from school to school, and treated like I was the problem," Henkle said. "My teachers chose not to protect me, my administrators chose not to protect me, and my school let me down."

Under the settlement agreement, county school administrators will add explicit anti-harassment protections for students who "come out" -- spurred by a Federal court ruling which, for the first time, established that gay and lesbian students have a constitutional right to discuss their sexual orientation in school settings.

Henkle, who said he plans to use part of the settlement money to pursue a college career, said he hoped his case would give hope to gay and lesbian students around the country -- at least 84 percent of gay students reported being intimidated or physically harassed at school.

"My school experience was a nightmare," Henkle said. "Kids are being beaten in America's schools on a daily basis."


TOPICS: Culture/Society; Extended News; News/Current Events; US: Nevada
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If this had happened to someone who wasn't gay I suspect the outcome wouldn't be like this.

In this Orwellian Hate Crime world it pays to be gay.

1 posted on 09/01/2002 5:03:59 PM PDT by It'salmosttolate
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To: It'salmosttolate
The school has an obligation to prevent "beatings" on school property during school time. As long as he wasn't physicaly provoking anyone and the school failed to act to protect him while he was on thier property during the day, I can see validity in this judgement. I would say the same thing for any student that faced this kind of harassment for whatever reason. Administrators need to step in if someone is being bullied and physicaly beaten during school
2 posted on 09/01/2002 5:08:32 PM PDT by College Repub
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To: It'salmosttolate
It doesn't pay to be stupid. If you're responsible for an enterprise and you're notified about a problem and you fail to exercise due diligence, you're ph_cked.
3 posted on 09/01/2002 5:08:46 PM PDT by ConsistentLibertarian
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To: It'salmosttolate

C'mere, ya fay-get!


4 posted on 09/01/2002 5:11:46 PM PDT by mvpel
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To: It'salmosttolate
And in the world of public schools, if you want to commit criminal assault repeatedly and get off scot-free every time, it pays to be a sexually insecure redneck.
5 posted on 09/01/2002 5:14:04 PM PDT by mvpel
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To: mvpel
"And in the world of public schools, if you want to commit criminal assault repeatedly and get off scot-free every time, it pays to be a sexually insecure redneck. "

Oh, of course! It goes without saying! But there's one little problem with your thesis.

They didn't get away with it.

I appreciate the ad hominem smear, though, and now that you've enlightened everyone as to the "sexual insecurities" of those involved, perhaps you'll let us know how to stop such insecurities from getting out of hand.

After all, you're a healer, not a hater.

6 posted on 09/01/2002 5:24:34 PM PDT by Reactionary
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To: ConsistentLibertarian
"Our position is pretty clear: any kid that walks on to one of our campuses -- gay, straight, black, white, Muslim, Jewish, rich, poor, whatever -- deserves to be treated with respect, free of harassment, threats and intimidation,"

Too bad someone didn't tell this poor fellow that he is the ceo of the "I wanna be respected" club.

Plonk

7 posted on 09/01/2002 5:36:52 PM PDT by ramdalesh
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To: ramdalesh
Homosexuality will never be accepted in this country. They
should just shut it about it, or these kinds of assaults will keep occuring. Laws are never going to be able to prevent it,

8 posted on 09/01/2002 5:47:54 PM PDT by Trickyguy
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To: It'salmosttolate
... If this had happened to someone who wasn't gay ...

But it has ... to girls, to others getting beat up and harassed for all sorts of reasons ... and they've won rewards also. The school district handled this badly.

Who pays ? Those who perform the harassment ? Noooooo, not them. Everyone else gets to pay because of the wrong actions of a few.

9 posted on 09/01/2002 5:56:49 PM PDT by Camber-G
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To: It'salmosttolate
There is a huge cicular prblem here. The school has been sued for tha actions of its students which are hard to control. I don't know what a school can do to make its students like and accept gays. (Reno ani't San Fransisco)I suspect that no matter what this school did, they'd still have been sued. There are only 2 responses in the eyes of the schools; 1. Force their students to accept gays or 2. Give the students homosexual indoctrination.
10 posted on 09/01/2002 5:59:38 PM PDT by umgud
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To: Camber-G
It doesn't have to be accepted. But that doesn't mean you should assualt someone just because they're gay. And it doesn't mean a school administration should fail to physicaly protect a student during school hours on school property from being assaulted!
11 posted on 09/01/2002 6:03:28 PM PDT by College Repub
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To: umgud
... There are only 2 responses in the eyes of the schools; 1. Force their students to accept gays or 2. Give the students homosexual indoctrination ...

Choice #3 : Suspend or expel those who gang up on and beat up other students.

12 posted on 09/01/2002 6:06:56 PM PDT by Camber-G
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To: College Repub
... And it doesn't mean a school administration should fail to physicaly protect a student during school hours on school property from being assaulted! ...

Definitely ... when I said the school district handled it badly, I was referring to to their failure to physically protect students from assault. That's what I meant about those who actually performed the harassment getting off scott free. The school district could have (should have) taken the few bone-heads who thought it was "fun" to beat up the gay guy out of the school ... problem solved. By failing that, they caused the entire school district to pay out a large award.

13 posted on 09/01/2002 6:13:40 PM PDT by Camber-G
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To: Camber-G
That's implied under forcing students to accepting gays. And I do agree that students who do this should be punished. However, I disagree with the wisdom of a gay student coming out in such a hostile environment.
14 posted on 09/01/2002 6:17:18 PM PDT by umgud
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To: umgud
It doesn't really matter whether or not they are coming out. They deserve protection while on school grounds during school time. If I came out as a republican at Berkely High I'd expect some protection :)
15 posted on 09/01/2002 6:29:33 PM PDT by College Repub
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To: umgud
... a gay student coming out in such a hostile environment ...

I have to agree with you on that one, but it happens and that by itself is not an excuse for assault. Kids who gang up on and beat up the "faggy" kid aren't going to think too long about beating up anyone else they feel "deserves" it for some other imagined reason.

That's why I don't have any real sympathy in these cases for the school district - they could have addressed the source of the problem (and it isn't the gay kid) and taken care of it a long time before. They failed.

16 posted on 09/01/2002 6:31:06 PM PDT by Camber-G
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To: College Repub
I agree with you, but coming out as a republican at a Berkley high school is kinda like wearing a KKK tee-shirt to an all black bar.
17 posted on 09/01/2002 6:49:52 PM PDT by umgud
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To: It'salmosttolate
This is a settlement, not a jury decision. 'twould appear the folks who run things there felt that the allegedly homosexual student wouldn't win if this went all the way to court so they settled.

Always remember, each and every individual who administers a school or a school district is a former member of the National Education Association (NEA), or an equivalent thereof, and it is part of the NEA agenda to make homosexuality acceptable in the public schools. This is just one more step along the way.

18 posted on 09/01/2002 6:52:07 PM PDT by muawiyah
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To: Camber-G
I am sorry if I sound homophobic, or worse, but i am tired of perversion being passed as normal.
No person should accost another for any reason, but when perversion prevents itself as normal, then normal must react. There really isn't much other recourse when physically reviled by others, when they are trying to pass themselves as something like you, but different. Our society has been forced by a few perverts to accept them. Now, we even must support their deviant behavior with drugs to keep them alive while aids is scourging them, and they are spreading it. Their goal is to make everyone like them. Then, they feel it will be better.
There is no gay person. there are only homosexuals. Most of them are unwilling to conform to what life requires, and are willing to go to any lengths to gratify sexual desires, not needs. They are perverted in their ways.
The only sexual need is for reproduction of the species. Today, our society places more emphases on the act, than the result. To many , the result is an abortion, the taking of a life. Love between a man and a woman creates what God intended. The act of love is confused by homosexuals, and that they distorted it into their actions is an abomination to us all.
Homosexuality, like any other form of promiscuity, is wrong, and should not be tolerated. If someone wants to be deviant, do it in the privacy of your bedroom, and don't tell about it. I spent time this week with two women who are raising a 2 1/2 yr old girl. When spending time with the little girl, and a picture book, the little girl mainly pointed out the difference between boy and girl, with little recognition of puppies and flowers.
please, all you misunderstood folks, stop trying to convince my children that it is ok to be a pervert.
God said it is wrong, and I believe HIM>>>
19 posted on 09/01/2002 7:00:23 PM PDT by pageonetoo
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To: pageonetoo
... I am sorry if I sound homophobic, or worse ...
No, don't worry, you're not sounding homophobic, just practical.

... No person should accost another for any reason ...
That's all anyone else here has said too ... I'm glad you agree.

... please, all you misunderstood folks, stop trying to convince my children that it is ok to be a pervert ...
I you're referring to me or to anyone else on this thread, you're mistaken. I understand your need to make a statement like that, but don't pretend that being against beating up gay kids is the same as saying its OK to be a pervert, it doesn't follow or fit here.

... God said it is wrong, and I believe HIM ...
Amen

20 posted on 09/01/2002 7:14:49 PM PDT by Camber-G
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