The American Civil Liberties Union of Kansas and USD 251 North Lyon County have reached an agreement regarding reformative practices within the district following an incident on a district school bus involving a lesbian student from earlier this year.
In a news release Friday, the ACLU stated it has been informed by the district that is planning to institute a number of “remedies” in response to the incident involving 14-year-old Izzy Dieker from January. The district later confirmed the agreement and issued a brief statement saying, “Our school is committed to providing a learning environment free from discrimination.”
In the ACLU’s aforementioned news release, ACLU of Kansas Legal Director Sharon Brett says “While we regret that our involvement and Izzy’s successful Title IX complaint were ever necessary, we were glad to learn that the district would take steps to ensure similar discrimination does not occur again.”
The list of “remedies” to be implemented include providing anti-discrimination training to teachers and staff, making Title IX complaint procedures more transparent and more clearly publicizing the district’s anti-discrimination policies.
Friday’s announcement followed a letter sent by the ACLU to USD 251 Superintendent Bob Blair earlier this month stating the ACLU was considering legal action against the district and urged USD 251 to take action and ensure that policies, practices and training will protect lesbian, gay, bisexual, transgender and other gender-nonconforming students from discrimination and harassment “to avoid prolonged litigation.” The ACLU claimed USD 251 likely violated Title IX of the Education Amendments of 1972. It went on to say the district also violated the Equal Protection Clause of the Fourteenth Amendment and violated Izzy Dieker’s exercising her First Amendment rights to free speech. Additionally, the ACLU stated an independent investigator’s findings that former North Lyon County Junior High principal Corey Wiltz and bus driver Kristi Gadino violated Title IX were upheld on appeal.
On Jan. 27, Izzy Dieker was part of a loud and occasionally vulgar conversation on a bus ride home. Gadino reported Izzy Dieker saying she was a lesbian and chiding the student for language. She also stopped the bus and eventually brought Izzy Dieker to the front, after which Wiltz told the family the student was suspended from school bus rides for foul language and disobeying the driver. The report from the independent investigator demonstrates several instances of foul language and at least one where a student stood up while the bus was in motion, but those incidents were not addressed during the ride home.
The report also discussed the investigation process, which included witness interviews on three different occasions and a review of evidence and district policies for sexual harassment and bus discipline. That led to the report’s conclusions of sexual harassment, based on “differential treatment” due to the nature of the ride and Izzy Dieker’s specific comments as well as Wiltz’s delayed response to the family and his stated belief “lesbian” is a vulgar and inappropriate word.
