ACLU suit claims homophobia in district

The American Civil Liberties Union of Southern California sued the Newport-Mesa Unified School District and Corona del Mar High School officials Wednesday, claiming that the school fosters an environment rife with homophobia that doesn’t protect female and gay students from harassment and threats of violence.

The 36-page lawsuit, filed in Orange County Superior Court details what ACLU attorneys call “a school culture gone awry,” where “homophobic slurs are routinely used with impunity” and students were harassed and called names for voicing opposition to California’s anti-gay marriage ballot measure, Proposition 8.

“We notified the school district and asked them to resolve the situation and avoid the filing of a lawsuit and we received no response,” said Lori Rifkin, a staff attorney for the ACLU. “We think what should be done here is that the school and the district should do the right thing and act now to remedy the situation so the students can go to school in a safe and secure environment and not be dragged through a lawsuit.”

The ACLU claims school officials have not done enough to protect a female student who was harassed by her peers, identified in legal documents by the pseudonym “Mary.”

The lawsuit claims that three male students at the school posted a video on the social networking website Facebook, allegedly discussing raping Mary in the back of a pickup truck and killing her.

A fourth male student taunted Mary at school, the lawsuit claims.

While school officials rearranged Mary’s school schedule to avoid the alleged harassment and suspended a few of the students involved, the school has failed to adequately address the problem, the ACLU claims.

School officials were attempting to resolve the matter when they learned of the lawsuit Wednesday, Newport-Mesa Unified responded in a written statement.

“The district will still attempt to resolve this matter with the plaintiffs and their attorneys. A review of the lawsuit indicates that there are numerous factual errors and mistakes,” Newport-Mesa Unified officials said in the statement.

The lawsuit comes on the heels of a national uproar over Corona del Mar’s alleged cancellation and subsequent rescheduling of the school production of the musical “Rent” last month.

ACLU officials began talking with parents and students at Corona del Mar after allegations of homophobia emerged when the school principal temporarily halted the spring drama production of “Rent,” in February. The musical tells the story of poor artists and musicians living in New York City.

“The talks basically revealed a hostile environment at the school that is not only perpetrated by students but actually something that is reinforced by administrators,” Rifkin said. “It’s a culture not just based on sex and sexual orientation, but one where students are scared to come forward because they don’t believe the administration will come forward to protect them.”

Drama teacher Ron Martin claimed Corona del Mar Principal Fal Asrani canceled “Rent” over portrayals of homosexuality and prostitution in the play, although racier portions of play were omitted from the high-school version of the script. School officials eventually reversed their decision in February after the canceled production drew national media attention. The school district contends the show was originally canceled simply because Martin could not get the script to Asrani in time to review it before the spring production.

School officials confiscated rainbow buttons students wore in support of the school’s production of “Rent” that read “Our Rent is Past Due,” and questioned the students who brought national media attention to the school over the musical, the lawsuit alleges.

The lawsuit also claims the school principal told some of the students involved with the production that she would let them put on the musical if they would keep the press “out of it.”

“These authority figures were basically telling them that they were drawing negative attention to the school and they should be quiet,” Rifkin said.

“These student advocates are in large part responsible for turning the tide and the administration of the school has intimidated them.”

In its lawsuit, the ACLU asks the school district to create a formal process to address complaints of discrimination from students on the basis of sex and sexual orientation at the school.

“These allegations are very serious and the district will utilize its best efforts to ascertain the truth of these matters, as well as to be sure there are procedures in place to allow prompt resolution of any and all disputes regarding discrimination and harassment,” Newport-Mesa Unified Supt. Jeffrey Hubbard said in a written statement.

Reporter BRIANNA BAILEY may be reached at (714) 966-4625 or at [email protected].