ACLU complaint claims Henderson school lax on bullying

A Nevada law intended to reduce student bullying didn't protect two boys at Greenspun Junior High School - one from having a pencil "intentionally jammed" into his genitals while the other was scratched "all over his legs" with a trombone piece - a parent wrote in a document obtained Wednesday by the Las Vegas Review-Journal.

On behalf of the victims' families, the American Civil Liberties Union filed a complaint with the Nevada Equal Rights Commission on Wednesday, alleging that the Henderson school and the Clark County School District failed to act in the case, violating Nevada's law prohibiting discrimination in places of public accommodation.

The two sixth-grade boys were repeatedly called gay and physically assaulted by two other boys for five months after parents said they first complained to Greenspun administrators in September.

"I assumed someone would do an investigation and the matter would be taken care of," wrote one mother of a bullied student in a letter of complaint. "But nothing had changed. ... Shame on all of you who ignored this criminal act that I notified you of last September."

Her son would say everything was "fine" after school, until one day when he cracked.

"He told me that he did not want to live anymore," she said.

Both boys have transferred out of Greenspun, but the parents aren't happy with the school's response, or lack of response. They want change, although it will come too late for their sons.

The parents of the victims ask that the district and Greenspun comply with their own policies on zero-tolerance for bullying and follow the state's laws.

Despite repeated complaints to Greenspun staff during the school year, parents said the bullying was not addressed until the victims' families went to the Clark County School Board on Feb. 7.

"When I hear 'Boys will be boys,' that's just not right," said School Board member Deanna Wright, who represents families in the southeast valley area that includes Greenspun. Wright spoke to the parents and looked into the matter.

She said Wednesday that School District police were involved and there were ramifications for Greenspun personnel, which she declined to disclose because they are personnel matters.

"I was really disappointed in the way the school handled it, initially," said Wright, noting that it's especially dis­appointing in light of the district's ongoing efforts to eradicate bullying. "When you do not protect a child, I have zero tolerance for that."

After the victims' mothers went to the School Board, Greenspun administrators barred one of them from volunteering at the school, something she'd done all school year, a letter of complaint said.

This harassment happened after 2011 state legislation went into effect requiring teachers to report any bullying they observe and schools to investigate all such complaints. Parents who complain about bullying and believe the school did not take appropriate action must be given the right to appeal to higher authorities.

Principals must keep track of bullying incidents and report what actions have been taken. Each school also was required to establish a school safety team.

The chances of the Nevada Equal Rights Commission acting on the complaint may not be good. In February, the commission denied a request that it declare it has jurisdiction over dis­crimination in public schools.

If the commission doesn't investigate the complaint, the ACLU's next step would possibly be suing the district and commission, which the ACLU contends has jurisdiction over schools, according to ACLU lawyer Katrina Rogers.

"The school was well aware of these issues and failed to respond," Rogers said.

In 2009, the Nevada ACLU settled two related and long-running federal civil rights lawsuits against the Washoe County School District that were filed in 2004. The settlement awarded $400,000 to the two plaintiffs and resulted in an agreement to develop and enact better discrimination and harassment policies in the Northern Nevada district.

The cases involved Jana Elhifny, who alleged that she had been discriminated against by fellow students, faculty and staff while she was a student at North Valleys High School in Reno. Elhifny is an Egyptian-American and a practicing Muslim. In her lawsuit, she alleged that while she was a student, she was harassed because of her religion, race, and national origin. She reported this harassment to teachers and administrators, but her harassment claims were not properly investigated or resolved, she contended.

Stephanie Hart, in a separate lawsuit, alleged that she had been discriminated against for befriending Elhifny and for attempting to advocate on her behalf to school administrators.

Contact reporter Trevon Milliard at tmilliard@reviewjournal.com or 702-383-0279.