Lambda Legal Clients and Indian River Central School District Settle Antigay Harassment Lawsuit
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(Philadelphia, NY August 8, 2013) -- Today, Lambda Legal and the Indian River Central School District announced the settlement of a lawsuit filed on behalf of Charles Pratt and his younger sister, Ashley Petranchuk. In their agreement, Lambda Legal's clients and the District have achieved a resolution that involves, among other things, the District hiring a consultant to advise and make recommendations concerning the District's anti-harassment training and policies.
"This is a great day for Charlie and Ashley who can put this behind them knowing that they helped ensure a positive school environment for other LGBT and ally students," said Thomas W. Ude, Jr., Lambda Legal Senior Staff Attorney. "The consultant, training, and other measures that the Indian River Central School District has agreed to take will help safeguard students against harassment for being gay, or for not conforming to stereotypes about masculinity or femininity."
District representatives added, "We are pleased to have worked with Charlie and Ashley, and their attorneys at Lambda Legal and Kirkland & Ellis, to ensure that the District’s programs to deter harassment and bullying are at the forefront of the developing knowledge in this area. By these efforts we are renewing our commitment to ensuring our children receive a first-rate education in a welcoming and safe environment."
On April 8, 2009, Lambda Legal and Kirkland & Ellis LLP filed a lawsuit representing former student Charlie Pratt and his sister, soon-to-be senior Ashley Petranchuk, in the US District Court for the Northern District of New York. Charlie asserted that he was subjected to antigay harassment and that the school officials' responses did not satisfy federal and state law. He and his younger sister Ashley also alleged that school officials violated their rights by denying their requests to form a gay-straight alliance at the high school. The District and the other defendants denied those allegations, contending that they had responded appropriately to incidents of harassment of which they were aware, and that they had not denied requests to form a GSA.
As part of resolving the litigation, Charlie and Ashley and their attorneys worked with the District to develop a list of actions that will help the District in its mission to protect students from sexist, antigay, and other forms of harassment. More specifically, the District will:
- retain a consultant in the upcoming school year to advise the District on training and education of faculty, staff, and students about responding to student harassment;
- gather information about harassment of students and share that information across schools as those students progress to other schools;
- administer anti-harassment surveys of students annually, with questions designed to ascertain "hot spots" where bullying or harassment is occurring;
- create clear procedures for students to request to start and continue extracurricular clubs, and, if a request is denied, provide a written reason for denying it;
- adopt peer leadership programs in its intermediate, middle, and high schools to detect, prevent, and address harassment; and
- ensure that District policies and procedures concerning harassment and student clubs are available on the District's and its schools' websites.
- provide live, interactive staff training and student education concerning LGBT student harassment
The case is Charles Pratt and A.E.P. v. Indian River Central School District et al.
Thomas W. Ude, Jr., Senior Staff Attorney at Lambda Legal, is joined by Lambda Legal Deputy Legal Director Hayley Gorenberg, and pro bono co-counsel Adam T. Humann, Partner, and Alexandra P. Kolod and Robert A. Gretch, Associates, of the New York office of Kirkland & Ellis, LLP.
Contact Info
Lambda Legal Contact: Tom Warnke 213-382-7600 x 247; C: 213-841-4503; twarnke@lambdalegal.org
Indian River Central School District, et al. contact: Charles C. Spagnoli, Counsel, The Law Firm of Frank W. Miller. Telephone 315-234-9900; Email cspagnoli@fwmillerlawfirm.com