School Civil Rights Lawyer

To pursue a §1983 claim, a student must demonstrate that a school administrator, teacher, or school employee violated their federal rights while acting under the “color of state law.” Likewise, to hold a school board accountable, a student must prove that an official policy or custom directly led to, caused, or resulted in the violation of constitutionally protected rights. 

To file an Equal Protection Clause claim, a student must allege intentional discrimination or deliberate indifference by school officials due to their protected class membership. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage. However, this is not an inclusive list, with gender often classified as a quasi-suspect class. Notably, sexual orientation is not yet considered a suspect or quasi-suspect class under federal or Ohio state law, despite various local governments enacting protective measures for LGBTQ individuals. 

Title VI of the Civil Rights Act of 1964 prohibits race, color, or national origin-based discrimination in federally funded programs. This protection applies to students in public schools receiving federal funding, and the burden of proof is similar to that of an Equal Protection claim.  

Title IX is a federal law created as part of the Education Amendments of 1972 that protects all students and employees from gender discrimination, sexual harassment and unlawful retaliation. This law applies to universities, colleges and any educational institution that receives federal funds. 

Hazing is any activity expected of someone joining or participating in a group that humiliates, degrades, abuses, or endangers them, regardless of a person’s willingness to participate. Hazing can violate school policies and the law. State criminal law assigns varying degrees of severity to hazing, depending on the circumstances. It can result in misdemeanor or felony charges, and both individuals and organizations may face civil consequences.