Oklahoma's Owasso Public Schools has agreed to remedy Title IX violations after an investigation by the U.S. Department of Education's Office for Civil Rights found the district failed to respond to reports of sexual harassment, according to a Wednesday letter from OCR to the district.
OCR began its investigation after the suicide of Nex Benedict, a 16-year-old nonbinary and transgender student in Owasso Public Schools who died Feb. 8, a day after a physical altercation with other students in a school bathroom. The Human Rights Campaign, a civil rights advocacy organization, said it had asked OCR to investigate the circumstances of Benedict's death.
The investigation and findings come as the Education Department defends its interpretation of Title IX to include LGBTQ+ protections in regulations for the first time.
"OCR 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," said an OCR announcement of the resolution agreement.
Specifically, OCR found that district failed to notice that students were subjected to sexual harassment, did not adopt a grievance process, and did not fulfill Title IX recordkeeping requirements.
Although OCR's letter of resolution to the district does not name Benedict, it does describe a "Student A" as nonbinary and who used he/him pronouns. OCR said Student A died by suicide on Feb. 8, one day after the bathroom altercation. OCR also examined other Title IX investigations and other reported sexual harassment incidents in the district.
The bathroom altercation
Student A's mother told OCR investigators of "relentless" bullying against her child that sometimes occurred multiple times a day in the months leading up to the bathroom altercation. The mother said her child didn't want to report the harassment to school officials.
However, the mother told OCR investigators she reported the harassing behavior, including the use of slurs, to a school counselor in fall 2023. The school, the mother said, did not take any action in response to her verbal reports and did not offer resources such as class changes or academic support to Student A.
On the day of the bathroom altercation, a staff member broke up the fight between Student A and three other students. The school did not immediately investigate the incident under Title IX because it was not aware that the conduct leading up to the fight was potential sexual harassment, district and school leaders told OCR.
The district received 15 reports of harassment or bullying of Student A in the two weeks after the February 7 incident and their death. Most of the reports reflected that the bullying or harassment that Student A experienced centered on sex or gender. The district told OCR that it had not conducted a Title IX investigation of the events leading to the incident of Feb. 7.
OCR's investigation did not find a violation of Section 504 of the Rehabilitation Act or Title II of the Americans with Disabilities Act.
Human Rights Campaign President Kelley Robinson, in a Thursday statement, said “Today’s resolution agreement from the U.S. Department of Education leaves no doubt: the Owasso School District failed Nex Benedict and many other vulnerable students under their care.”
Remedies for violation
As a result of the investigation, Owasso Public Schools has agreed to take a number of actions, including:
- Contact the parents of students affected by sexual harassment in the district to inform them of the process for filing a Title IX complaint and the availability of supportive measures.
- Issue a public anti-harassment statement and nondiscrimination statement to the district community.
- Review and, if necessary, revise its Title IX policies to ensure compliance with Title IX’s requirements about sex discrimination, including sexual harassment.
- Provide training on Title IX to district staff and students, including the full scope of its sexual harassment coverage.
- Conduct a climate survey on sexual harassment in the district.
In a message sent to families Tuesday before OCR's release of the resolution letter, the district said: "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."
The statement also said: "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."
