Brody's Notes... U. S. Justice & Education Department Investigation Concludes California School District's Response To Anti-Gay Bullying Inadequate

Seth Walsh, right, with his brother Shawn
Photo courtesy of the Walsh Family

By Brody Levesque | TEHACHAPI, CALIFORNIA -- In the findings of an official federal report released this past week, the result of a cooperative investigation from a team made up of personnel assigned from the civil rights divisions of both the U.S. Department of Education and U.S. Department of Justice, federal investigators concluded that the Tehachapi, California, Unified School District failed to “adequately investigate or respond appropriately to the bullying of a gay, 13-year-old middle school student who hung himself in September due to the harassment." The report was issued nine months after Seth Walsh hanged himself in his backyard.

Thomas E. Perez, Assistant United States Attorney General for the Justice Department's Civil Rights Division stated:

“All students have the right to go to school without fearing harassment on the basis of their sex, including because they do not conform to gender stereotypes. Seth’s story and others like it sadly demonstrate that a school’s failure to address and prevent harassment can have tragic consequences."

The investigation was ordered by the office of the U. S. Secretary of Education Arne Duncan, after an official DOE letter was sent out letters to school districts nationwide last fall setting guidelines for bullying prevention and warning of reprimands to those who didn’t follow them. Last October, joined by investigators from the Justice Department, Education Department investigators conducted interviews with Seth’s family, friends, district staff and classmates finding that Walsh was harassed by peers for more than two years for being gay, which “interfered with his education” and forced him into homeschooling to escape the torment. According to the report's findings, despite having notice of the harassment, the Tehachapi Unified School District did not adequately investigate or otherwise respond to complaints from Seth's family or Seth himself.

In an interview shortly after her son's death, Seth’s mother, Wendy Walsh, said that Seth told her he was gay when he was in the sixth grade. Over a period of years, he was ridiculed, harassed and physically attacked by students. His grades declined dramatically, she said.

Despite her efforts to counter the ongoing harassment which included filing an official complaint, Walsh said that school officials told her that teachers and administrators at Jacobsen Middle School — where Seth attended before he chose to be homeschooled — were caring, that all reported incidents were dealt with.

Walsh declined to be interviewed regarding the results of the federal investigation, instead referring questions to her Bakersfield based attorney Daniel Rodriguez, who is representing her as she pursues a wrongful death lawsuit against the Tehachapi Unified School District.

In a statement released to the press, Rodriguez said that Seth's mother reading in the federal report's findings what Seth was subjected to “brought her to tears.”

“It was a graphic reminder,” he said. “It was painful for her to read it.”
The agreement, however, is “a first step on the path to healing,” he said. Walsh in recent months has spoken before the U.S. House and Senate on bullying legislation.
“She wants to celebrate and honor Seth’s memory,” he said. “To make sure this doesn’t happen to other children.” 

Rodriguez also noted that Seth’s story has inspired a number of initiatives throughout the state and even nationally in public schools that address gender-based harassment.

The federal findings include a “resolution agreement,” which requires that the school district must take steps to prevent sexual- and gender-based harassment at all its schools. Some of these includes revising harassment policies; hiring a consultant to train all students, administrators, teachers and other staff; and consistently surveying the campuses on sex-based harassment issues. If the district does not comply, the case could be referred to the Justice Department for litigation, and Tehachapi could lose federal funding.

According to the agreement which will remain in force for at least five years:

• Before July 15, the district will submit proposed revisions of its harassment policies that require administrators to refer complaints to law enforcement when appropriate. Also by that date, the district must hire a consultant (paid for by the department) to provide mandatory training on harassment to students and employees.
• No later than Aug. 31, the district will notify its students, parents and employees of revised policies via mail and a posting on its website.
• Within 45 school days, the district will train all employees on revised policies and bullying report procedures. The federal department will also provide training on federal laws.
• Within 30 school days, Tehachapi will form an advisory committee to “foster a positive education climate free of ... harassment.”
In addition, the district will need to:
• Appoint district-level officials to review all bullying reports within five days of receiving a bullying complaint. By Aug. 17, Tehachapi needs to send a proposed plan to U.S. departments.
• Monitor locker rooms during all changing times, and accommodate those who want to change in a private space. Wendy Walsh wrote in her complaint that Seth was harshly ridiculed in locker rooms.
• Develop a monitoring program to assess the effectiveness of its anti-harassment efforts.

If the school district does not comply with the agreement's requirements, the case will be referred to the U. S. Justice Department for litigation and as well the school system might lose any of its federal funding. Assistant United States Attorney General Thomas E. Perez commented:

“We commend the school district for working with the departments to address this matter effectively and encourage other school districts to take affirmative steps to ensure that all students can go to school without facing discrimination and harassment.”

Tehachapi Unified School District Board President, Mary Graham, was unwilling to comment on the federal investigation or the resultant agreement saying that she had not been officially notified that the findings had been made public. Graham did remark that the school system had been looking at ways “to make things better” before the federal investigation was launched:

“The board does not tolerate bullying of any kind. We don’t care what kind of bullying it is,” she said. “We have followed the law in every respect. Like any other school, bullying will go on. It happens every minute of the day. But I truly believe the school district has obeyed the law. Do we need to go a step further? Probably so.”

The American Civil Liberties Union of Southern California recently launched the “Seth Walsh Students’ Rights Project” aimed at combating bullying and discrimination in California's schools, particularly against LGBTQ or questioning students.

James Gilliam, director of the project, said he will use this case for widespread advocacy, to make sure schools are aware of their obligations in addressing gender-based harassment.

“This will make a real difference in the climate at our schools,” Gilliam said. “Schools cannot look the other way. This is great for Tehachapi, and schools across the country.”

A measure introduced in the state's legislature last spring called Seth’s Law — which would create an anti-bullying system at all California schools — has been passed by the Assembly and is headed to the state's Senate.