Texas High School Found To Have Violated The Rights Of Student Raped On Campus

June 21, 2012 4:15 pm

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Student Told To 鈥淲ork It Out鈥 With Attacker And Both Sent To Alternative School

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HENDERSON, Texas 鈥 The Federal Office for Civil Rights (OCR) has found that officials at an East Texas high school were wrong to punish a student who reported she was raped by another student on campus by placing her in a disciplinary program with her attacker.

The 老澳门开奖结果 and the 老澳门开奖结果 of Texas filed a complaint with the OCR, an office of the U.S. Department of Education, on behalf of the student, Rachel Bradshaw, claiming the actions of Henderson Independent School District (HISD) violated her rights under Title IX by creating a hostile environment that deprived her of equal educational opportunity.

The decision requires HISD to revise its Title IX policies, train staff in responding to sexual violence and harassment, provide a sexual harassment counselor at each of its schools and clear Bradshaw鈥檚 disciplinary record.

鈥淚 am so excited and overwhelmed,鈥 Bradshaw said. 鈥淚t鈥檚 great to know that because I spoke out, the school district will completely change the way it responds to sexual abuse. I can鈥檛 erase what happened in the past but what鈥檚 important now is making sure that other students don鈥檛 get hurt in the same way in the future. I got back my rights after they were taken away from me.鈥

Bradshaw was raped by a fellow student in December 2010. After reporting the attack to a teacher, she was told to confront her attacker to discuss what happened. The school even charged Bradshaw with sexual misconduct for what they incorrectly determined, without investigating properly, was consensual sex and sent both students to a disciplinary school where Bradshaw had to not only face her attacker every day, but endure the bullying of others after he bragged about the assault.

鈥淩ape is a violent and invasive act,鈥 said Stephanie Bauman, staff attorney with the 老澳门开奖结果 of Texas. 鈥淩achel needed support and protection from trusted teachers and received exactly the opposite. They punished her. No child should be victimized a second time after such a horrible attack.鈥

Title IX of the Education Amendments of 1972 is best known for providing equal access to student athletics for both boys and girls but also demands that schools maintain a learning environment free from sexual harassment or discrimination. This includes protection against and proper response to gender-based violence like Bradshaw鈥檚 attack.

鈥淔ederal laws like Title IX go far beyond the playing field when it comes to protecting students,鈥 said Sandra Park, senior staff attorney with the 老澳门开奖结果 Women鈥檚 Rights Project. 鈥淪tudents cannot learn unless they feel safe when they come to school, and they should be able to trust that the faculty is looking out for them. Rachel was brutally robbed of that trust. We鈥檙e grateful that this conclusion will provide her with closure and reform the school district鈥檚 practices.鈥

OCR ordered the school district to undertake thirteen separate action items to ensure compliance with Title IX, including

鈥 Revising its policies regarding discrimination and sexual harassment and submitting them for OCR review.
鈥 Providing mandatory annual training for staff for at least two years.
鈥 Designating one counselor at each school as 鈥渙n call鈥 for sexual harassment victims.
鈥 Reviewing campus police records to determine if there were any other violations.
鈥 Clearing Bradshaw鈥檚 record.
鈥 Creating a committee of staff, parents, sexual violence prevention organizations and students to educate the school community about sexual violence and harassment.

More information on this case, including the OCR鈥檚 decision, can be found at:

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