Lawsuit against Cleveland Heights-University Heights schools

CLEVELAND (WJW) — Six students in a local school district claim they were sexually assaulted or harassed at school, but school administrators have ignored or otherwise downplayed their allegations and, in some cases, pilloried the victims.

Cleveland lawyers have now filed a Title IX lawsuit against the Cleveland Heights-University Heights School District in federal court for the Northern District of Ohio, naming several administrators, including the district’s superintendent, principals and those responsible for student discipline.

Title IX requires publicly funded schools to protect their students from sex-based discrimination, sexual harassment, and sexual violence.

The lawsuit alleges that district administration was “deliberately indifferent” or negligent to the students’ claims, or otherwise willfully ignored them, and that it retaliated against them by removing them from classrooms and treating them differently than their alleged attackers. The lawsuit also includes claims of civil rights violations, denial of due process, and denial of equal protection under the law.

A statement released by Friedman Nemecek Long & Grant on Wednesday said, among other things:

The lawsuit, which represents several plaintiffs identified as Jane Does, alleges that CHUH officials and administrators intentionally ignored, trivialized, and retaliated against victims who reported sexual harassment and assault. Despite having a legal obligation to protect students and ensure a safe learning environment, the defendants allegedly allowed the perpetrators to remain enrolled in the school and participate in school activities, creating a hostile environment that significantly prevented victims from benefiting from their education.

The plaintiffs suffered severe emotional distress, educational setbacks, and anxiety and fear as a result of the defendants’ alleged negligence and willful indifference. We seek this lawsuit to bring justice and accountability for the victims and to underscore the need for schools to take allegations of sexual abuse and sexual harassment seriously.

Superintendent Elizabeth Kirby, who is named in the lawsuit, acknowledged in a statement to FOX 8 News on Wednesday that some parents were “unhappy” with the district’s response to Title IX:

CH-Uh Schools is committed to having the resources and processes necessary to respond promptly, thoroughly, and equitably to allegations of Title IX violations. We encourage all students and staff who have been victims of sexual harassment or sexual violence to immediately report this information to the district’s Title IX coordinators or another trusted member of our staff. We are committed to responding promptly, effectively, and equitably to all reports of sexual misconduct, and we are committed to making our school the safe, welcoming institution we all want and deserve.

CH-UH Superintendent Elizabeth Kirby

For the past two school years, the district has hired a full-time Title IX officer whose job it is to investigate allegations of discrimination and harassment, Kirby wrote. The district also provides training for school administrators, teachers, staff and students on how to handle sexual harassment.

Students can report sexual harassment either in person, by phone, email, or on the school district website.

The case has yet to be assigned to a judge, court records show, and no further court dates have been set.