Ogemaw bullying case settlement disclosed

Anti-bullying activists say the details of a federal settlement in a bullying case at Ogemaw High School renews the urgency for the state to pass comprehensive legislation addressing bullying

The agreement, reached in January, was released to the Bay City Times in a Freedom of Information request, reports the newspaper.

Cassandra Morris, 18, dropped out of Ogemaw High School last fall after being subjected to sustained anti-gay bullying, she said. Her case was the first time the U.S. Department of Justice used new civil rights guidance to investigation anti-gay bullying.

Those new guidelines were announced after a series of high profile suicides involving victims who were allegedly bullied. Those guidelines directed school officials to treat harassment and bullying on the basis of sexual orientation or gender identity or expression. It noted that failure to do so could lead to federal intervention.

That is exactly what happened in Moore’s case.

Under the agreement, none of the parties were allowed to discuss the settlement but it required the schol district — West Branch-Rose City Area Schools — to provide training to all its staff on Title IX sexual harassment rules, investigation procedures and more. The Title IX trainings also required training on anti-gay harassment.

The district was also required to provide anti-bullying training to the schools’ 8th to 12th graders by the end of the year. That training also was required to include a segment on anti-gay harassment.

The news comes as lawmakers continue to struggle with passing an anti-bullying law in the state.

Advocates in favor of a comprehensive anti-bullying law — which would include enumeration, or a listed of protected classes — seized on the news in the Cassandra Morris case.

“Both the fact of this case and the terms of the settlement underscore the need for anti-bullying policies that protect all students and specifically prohibit harassment because of a student’s real or perceived sexual orientation or gender expression,” said Denise Brogan-Kator, interim executive director of Equality Michigan. “Had this school had such a policy in place, the harassment could have been handled effectively at the local level. There would have not been a need for the federal government to intervene, at extra cost and time to all involved. Our legislators in Lansing have an opportunity to create a comprehensive policy right now so that school districts take this behavior seriously.”

Kevin Epling, whose son committed suicide in 2002 after being bullied, has been fighting for a comprehensive anti-bullying law. The various versions of the laws generally carry his son’s name — Matt.

“We as a society need to recognize and understand that uncivil behavior in any form and in any setting is being looked at as serious criminal activity, and must be addressed by all parties,” Epling said in an e-mail to Michigan Messenger. “Regardless of what any law would, should, or will say, the school district itself had the opportunity and the responsibility as directed by the State Board of Education in 2001 and again in 2006 to enact policies to prohibit bullying and protect the students within that district. Just because the Michigan legislature has dragged its feet for years, does not give schools an excuse not to meet or exceed, not only local and State guidelines but Federal guidelines as well.”

Sen. Rick Jones (R-Grand Ledge) who chairs the Senate Judiciary Committee, has moved a piece of legislation which activists have raised concerns about, although the legislation still has not seen a vote in the full Senate. On May 10, Equality Michigan issued a press release calling on lawmakers to strengthen the legislation — SB 137 — by including enumeration as well as reporting requirements for school districts. Activists say that schools should have to have deadline to report new policies as well as report to the state how many incidents of bullying have been investigated and how they were concluded.