School District Held Accountable for Teachers' Sexual Harassment of Student

By Kathleen O'Connor

Today an article appeared in the Minneapolis Star-Tribune about one of our clients, Alex Merritt, who was harassed by two of his teachers based on his perceived sexual orientation. Alex’s name is being made public upon his express request. It is the policy of this office to keep the identity of our clients strictly confidential unless the client consents to the disclosure of his or her identity, as in Alex’s case.

It should be noted that Alex, who is not homosexual, courageously brought an action against the school district to account for the consequences of the egregious actions of the teachers. Alex paid the price for his courage when his fellow students ostracized and retaliated against him for reporting the teacher’s harassment to the school district. The district failed to address this retaliation and ostracization, forcing Alex and his family to move out of the community where Alex had lived his entire life.

Alex, his mother Jodi and his family are to be commended for standing up to the district and holding it accountable not only for its inadequate response to the harassment of Alex, but also in protecting future students against harassment based on perceived or actual sexual orientation. As part of the settlement agreement , the school district agreed to have the Minnesota Department of Human Rights review and approve its policies addressing the district’s obligations under the Minnesota Human Rights Act, and to submit training materials related to student harassment, its complaint process, and sexual orientation as a protected class.

It is our hope that Alex’s courage in standing up will help others who are suffering in silence and shame to come forward, speak out and not tolerate sexual harassment in our schools. Schools should be a place for children to learn and to feel safe and secure and free from harassment, particularly from those who are doing the teaching.

For more details about the harassment that Alex endured, visit www.humanrights.state.mn.us and click on “Case of the Month”.