Taunted teen wins federal suit

crickett003

CAGiversary!
I thought this was an interesting read (long, but interesting).

Wow, if I had gone this route every time someone called me a (homosexual term) in high school, I'd be a rich bastard. Honestly, who hasn't jokingly called another guy a "f--?" I'm as straight as an arrow, but I didn't let stupid crap get to me.


The Kansas City Star


A federal jury on Thursday awarded $250,000 to a Tonganoxie teenager who claimed that years of sexually related taunts deprived him of the opportunity for an education.

Dylan J. Theno, 18, sued the Tonganoxie School District last year, saying its administrators and school officials knew that his classmates had harassed him since seventh grade and did not stop it. His case was heard in Kansas City, Kan.

Students called him derogatory names for a gay man, Theno testified. One student started a rumor in seventh grade that, while not true, followed Theno into high school.

Theno’s attorney, Arthur Benson, said such verdicts are very rare. He said he was unaware of any other verdicts in a same-sex student-on-student harassment case under federal law where a jury found in favor of a student.

Theno, who said during the trial that he is not gay, testified that he dropped out of school the fall of his junior year because the harassment had become unbearable. He later earned a GED and plans to attend a community college in the fall.

School district officials maintained they had responded appropriately and dealt with all the incidents that Theno reported. The harassing students had stopped and Theno stopped reporting further harassment, school officials contended.

School officials also said that Theno had initiated some of the name-calling, had been in fights and brought the harassment upon himself, although they said that did not excuse the other students’ behavior.

As for the derogatory name-calling, the school district contended students often casually called each other by those names. The district contended there was no gender-based discrimination.

Tonganoxie’s attorneys could not be reached for comment after the verdict.

Outside the courthouse, Theno said it was difficult at first to go through with the trial, but he was compelled.

“I wanted my story to be heard,” he said. “It could be happening to some other kid out there and it shouldn’t be. If it is, they now know that something will be done about it.”

Theno’s attorney had asked for $700,000. Theno said it was never about the money, but about doing what he believes is right.

“I hope this wakes people up,” he said. He said he wants school administrators to realize that if a student complains about harassment, they need to take the complaints seriously and do something to stop it.

Benson, of the Kansas City law firm Arthur Benson & Associates, said this was an important case under Title IX of the federal Education Amendments Act of 1972.

He said that for the past 20 years, the law has been used to mainly to end discrimination in athletic programs on the basis of gender.

“Recently, Title IX is being applied to all kinds of educational programs,” Benson said. “School districts have an obligation if they receive any federal money to make sure that nothing in their programs discriminate based on gender.

“That is what this case is about. Dylan Theno was for years called very ugly terms based upon what was the stereotypical expectations of the masculine student and Dylan Theno did not meet those expectations.”

Benson had argued that while the Tonganoxie School District did have a policy protecting students from harassment, it did not enforce it in Theno’s case.

“The right pieces were in place,” Benson told jurors. “This case is about whether the right pieces were utilized.”

Benson said that Theno was small for his age and wore his hair differently than other students, including for a time with a rat-tail.

Theno was one of a few students who participated in tae kwon do, which fueled taunts of “karate girl.”

“It just was getting worse and worse and worse,” Theno testified in court. “The kids kept getting on me.”

Because school administrators didn’t stop the harassment, the name-calling eventually became part of the school’s culture, Benson argued.

Theno testified that he stopped complaining to school administrators because they didn’t do anything. When his parents would intervene with parents of the harassers, school administrators and other school officials, Theno testified, the harassment got worse.

Tonganoxie’s attorney, J. Steven Pigg with the Topeka law firm of Fisher, Patterson, Sayler & Smith, argued in his closing that the name-calling and crude comments were something that not only boys do, but men do too.

“Guys think things are funny that ladies don’t think are funny,” Pigg said. “In the seventh grade that is enhanced. …It just happens. It is just part of the joking and kidding of seventh-grade boys.”

He said the boys didn’t pick on Theno because he lacked typical masculine characteristics. He said they picked on Theno because they didn’t like him.

Pigg also argued that school administrators did address the taunting problems whenever Theno brought it to their attention. A school official testified that he had periodically stopped Theno in the halls to ask if everything was all right. Teachers were told to report any incidents.

But school administrators didn’t suspend the offenders like Theno and his parents had wanted, Pigg told jurors.

Pigg said the district acted appropriately and was not indifferent to Theno’s complaints.
 
Shit, I feel like making fun of the little pussy right now. I hope that gets appealled and overturned. I can't believe we live in a country where a sniveling little brat can sue people because they don't like him.
 
thats bullshit, he should have just gotten real ripped and kicked everyones ass would have been more satisfying. That kid needs to grow a pair.
 
[quote name='Tromack']Shit, I feel like making fun of the little pussy right now. I hope that gets appealled and overturned. I can't believe we live in a country where a sniveling little brat can sue people because they don't like him.[/QUOTE]

Amen.
 
How does such harassment hurt a person? Had this fellow been harassed because of racial differences, folks would be appalled that such an environment would be tolerated in these times. If you suffer the same degree of harassment from (perceived) sexual discrimination, why would that be considered okay?

Of course, a natural counter-argument against this ruling would be that it sets a bad precedent. It tells adolescents that they have the right to expect authorities to guarantee their physical and emotional well-being. That's a bad way to prepare someone for adult life, when it's assumed that you've developed self-sufficiency and responsibility...which this kid clearly has not. He claims to worry about other kids going through the same harsh treatment, but had he grown a backbone/grown up/grown a pair, he would have realized that hostility from our lovely neighbors is something we must all learn to deal with.
 
[quote name='RBM']How does such harassment hurt a person? Had this fellow been harassed because of racial differences, folks would be appalled that such an environment would be tolerated in these times. If you suffer the same degree of harassment from (perceived) sexual discrimination, why would that be considered okay?

Of course, a natural counter-argument against this ruling would be that it sets a bad precedent. It tells adolescents that they have the right to expect authorities to guarantee their physical and emotional well-being. That's a bad way to prepare someone for adult life, when it's assumed that you've developed self-sufficiency and responsibility...which this kid clearly has not. He claims to worry about other kids going through the same harsh treatment, but had he grown a backbone/grown up/grown a pair, he would have realized that hostility from our lovely neighbors is something we must all learn to deal with.[/QUOTE]

But...you do have that right in public school. Or you should, anyway. School is supposed to be about learning, and that's it. You build character outside of class.
 
[quote name='RBM']How does such harassment hurt a person? Had this fellow been harassed because of racial differences, folks would be appalled that such an environment would be tolerated in these times. If you suffer the same degree of harassment from (perceived) sexual discrimination, why would that be considered okay?[/QUOTE]
You're right, sexual discrimination and racial discrimination should carry the same penalties. Are you listening Cheapy?
 
[quote name='jmcc']But...you do have that right in public school. Or you should, anyway. School is supposed to be about learning, and that's it. You build character outside of class.[/QUOTE]



School does a lot more that learning, it builds peer relationships, it teaches working with others, phsyical education, it also should teach students about dealing with different situations. School's main focus is learning but it covers so many more areas.
 
A federal jury on Thursday awarded $250,000 to a Tonganoxie teenager who claimed that years of sexually related taunts deprived him of the opportunity for an education.

Then again, it's Kansas; what kind of quality education would he get had he NOT been taunted?

... said the guy from Missouri.
 
[quote name='Ikohn4ever']School does a lot more that learning, it builds peer relationships, it teaches working with others, phsyical education, it also should teach students about dealing with different situations. School's main focus is learning but it covers so many more areas.[/QUOTE]

True or false: there a section on the SATs about dealing with assholes.

edit: edited for pedants.
 
[quote name='dratsacras']Then again, it's Kansas; what kind of quality education would he get had he NOT been taunted?

... said the guy from Missouri.[/QUOTE]

He may have missed out on the history of the Flying Spaghetti Monster in biology, though.
 
[quote name='jmcc']True or false: is there a section on the SATs about dealing with assholes?[/QUOTE]


well now u are talking about standardized testing which is a totally different can of worms. I hope u dont feel schooling should just be for passing certain tests.
 
[quote name='jmcc']True or false: is there a section on the SATs about dealing with assholes?[/QUOTE]


That is a yes or no question, not a true/false statement. Looks like someone else must have been teased in High School. Or you're just dumb.
 
[quote name='Ikohn4ever']well now u are talking about standardized testing which is a totally different can of worms. I hope u dont feel schooling should just be for passing certain tests.[/QUOTE]

School is about teaching specific skill sets. What to do if someone calls you a slur is not within those skill sets.

edit: spelling.
 
[quote name='gtguru']That is a yes or no question, not a true/false statement. Looks like someone else must have been teased in High School. Or you're just dumb.[/QUOTE]

Clarified just for you.
 
[quote name='jmcc']True or false: is there a section on the SATs about dealing with assholes?[/QUOTE]

True or False: Everything you'll ever need to know about life is on a test somewhere.
 
[quote name='jmcc']School is about teaching specific skill sets. What to do if someone calls you a slur is not within those skill sets.

edit: spelling.[/QUOTE]


well school puts u in situations where u deal with others so probably you have seen others deal or maybe it has been discussed in certain classes like a sociology class or something.
 
[quote name='fanskad']True or False: Everything you'll ever need to know about life is on a test somewhere.[/QUOTE]

That was the point of my post, afterall. That everything you need to know will be on the tests you take in school.
 
But I think the real issue at hand is that the school was held accountable for the actions of members of the student body. If it was that bad, he could have changed schools.

I was teased in Junior High and High School, until I learned to deal with it, I stopped the teasing myself.

Unfortunately, the lesson the kid learned is that if you're not happy with a situation, there's always someone you can sue.
 
[quote name='fanskad']True or False: Everything you'll ever need to know about life is on a test somewhere.[/QUOTE]

Well said. Getting picked on is just part of growing up. If you stop being a pussy for 5 seconds and think about it you will realize that the kids who are bullys in school will most likely be pumping your gas in 10 years while you are off banging hot chicks with a pocket full of cash. The problem is people never realize this when they are going through it... if I could only go back...
 
[quote name='javeryh']Well said. Getting picked on is just part of growing up. If you stop being a pussy for 5 seconds and think about it you will realize that the kids who are bullys in school will most likely be pumping your gas in 10 years while you are off banging hot chicks with a pocket full of cash. The problem is people never realize this when they are going through it... if I could only go back...[/QUOTE]


well said, also people dont realize that highschool is such a small part of your life. People go nuts and cant handle the pressure but there is so much more in life than HS. I actually think bullyin to a small degree is helpful. It keeps the lesser problem kids in check, and it teaches kids how to deal with situations which could be used later in life.
 
Stop for a minute and consider if this had taken place in the workplace and not in school. "Toughen up" is all well and good, but the fact remains that their [the bullies] behavior is unacceptable within an institution like school or work, and it needed to be dealt with. Legal recourse proved to be the only way to have it dealt with in this case, since the student exhausted other avenues already.
 
[quote name='jmcc']But...you do have that right in public school. Or you should, anyway. School is supposed to be about learning, and that's it. You build character outside of class.[/QUOTE]

If school is about learning then every kid should be home schooled. You don't learn shit in school. I could condense the first 8 grades into a 2 week course. You learn how to function in society. Part of that is learning how to deal with jackasses without whining about it constantly.
 
[quote name='Tromack']If school is about learning then every kid should be home schooled. You don't learn shit in school. I could condense the first 8 grades into a 2 week course. You learn how to function in society. Part of that is learning how to deal with jackasses without whining about it constantly.[/QUOTE]

Again, schools are under no obligation to socialize students, only to make sure they learn state mandated courses. When something interferes with a person's ability to do so, it's up to the school to make accommodations for them as much as possible. The school failed to do so in this case, therefore, a lawsuit was warranted and, according to the court's ruling, just.
 
What BS. A guy called me gay freshman year once.. once. I grabbed him by the shirt collar and brought him nose to nose with me and told him to say it one more time. He didn't.
 
[quote name='jmcc']Stop for a minute and consider if this had taken place in the workplace and not in school. "Toughen up" is all well and good, but the fact remains that their [the bullies] behavior is unacceptable within an institution like school or work, and it needed to be dealt with. Legal recourse proved to be the only way to have it dealt with in this case, since the student exhausted other avenues already.[/QUOTE]

School and work environments are 2 absolutely different things. Everyone in this country under 18 in entitled by law to a free education. Nowhere is it written that you are entitled to employment. Therefore those 2 environments will always be drastically different social animals. I can fire an employee for calling another employee a fag. I can't expell a student for the same action. You will always have kids who don't give a shit about their education and entertain themselves by picking on others. Fining a school $250,000 for this shit is rediculous and now his fellow classmates, whom he says he cares so much about, are going to have to deal with consequences of the school's loss of funding.

And don't say that school is not meant to teach you social skills. Where on earth are you supposed to learn those things if not in school? That's why they have such things as "group projects", to teach you how to get along and function with others and still be productive even when forced to work with someone you might not really like. This is what prepares you for life out in the real world, and if you don't acquire these skills you are going to be at a loss when it comes time to truly be an adult.

While I feel bad for this kid I do think that he needs to realize that his situation is not unique, nor special. He went through what most of us have gone through. It may be unfair and unjust, but that's the way of the real world.
 
[quote name='Professor Oreo']School and work environments are 2 absolutely different things. Everyone in this country under 18 in entitled by law to a free education. Nowhere is it written that you are entitled to employment. Therefore those 2 environments will always be drastically different social animals. I can fire an employee for calling another employee a fag. I can't expell a student for the same action. You will always have kids who don't give a shit about their education and entertain themselves by picking on others.[/QUOTE]

That's a good point, but I disagree in one regard; in both school and workplace, there are lines you can not cross. Let's say 2 black students suffer barrages of racial slurs by the 98% white, anglo-saxon student body...with the administration ignoring it completely. Their lockers are trashed, they are pushed around and spat upon, and they suffer this high level of admittedly, non health-threatening harassment on a daily basis. Obviously, that is unacceptable. But, how is this weenie's experience any different? Why was the harassment weenie-boy suffered any more acceptable than that of the hypothetical black students'?

In a purist sense, I'd say that there isn't much difference. In a practical sense, I'd say that it's a matter of degrees. You can demand that a school monitor & prevent large-scale harassment, but extending that demand to small-scale harassment is difficult. Where are you going to draw the line, after all? Low-level harassment is--as many have indicated--a part of life.
 
[quote name='Scorch']What BS. A guy called me gay freshman year once.. once. I grabbed him by the shirt collar and brought him nose to nose with me and told him to say it one more time. He didn't.[/QUOTE]

Sometimes all it takes is a look or something short of violence to shut someone up. I remember some dude that was screwing with me when I was in middle school. One day, it looked like he was going to hit me with something, so I grabbed his wrists, twisted them and did a knuckle-lock/test of strength (like in wrestling) while giving him the stare of a demon. Never bothered me again. In fact, he was pretty cool to me after that.

All I know is that whoever bullied this kid is lucky that all the torment didn't cause him to snap and go Rambo at the school. A human being can only take so much before they snap.
 
[quote name='Saucy Jack']Sometimes all it takes is a look or something short of violence to shut someone up. I remember some dude that was screwing with me when I was in middle school. One day, it looked like he was going to hit me with something, so I grabbed his wrists, twisted them and did a knuckle-lock/test of strength (like in wrestling) while giving him the stare of a demon. Never bothered me again. In fact, he was pretty cool to me after that.[/QUOTE]

Yep. I've seen a few not back down, but once a bully knows you're not a pussy and can stand up for yourself, they'll usually lay off.
 
[quote name='Scorch']Yep. I've seen a few not back down, but once a bully knows you're not a pussy and can stand up for yourself, they'll usually lay off.[/QUOTE]

Very true. It's not worth the time and effort if someone is going to fight back.
 
[quote name='dratsacras']Then again, it's Kansas; what kind of quality education would he get had he NOT been taunted?

... said the guy from Missouri.[/QUOTE]
*Hiss* :p

Tonganoxie is actually very close to Lawrence, it's a small town of about 1,800 so more than likely some of the people on the Jury either knew himor knew the his parents.
 
[quote name='GuilewasNK']At least he didn't pull a Columbine. That's how that shit gets started.[/QUOTE]

Very true.
 
[quote name='fanskad']But I think the real issue at hand is that the school was held accountable for the actions of members of the student body. If it was that bad, he could have changed schools.

I was teased in Junior High and High School, until I learned to deal with it, I stopped the teasing myself.

Unfortunately, the lesson the kid learned is that if you're not happy with a situation, there's always someone you can sue.[/QUOTE]


When I was little in elementary school about 1st grade. I was physical teased and threatened. everyday at lunch and I told all of the teachers and principal everyday and they always said just tell you bullies "stick and stones". That never worked it wasn't until my body building uncle came up to school and threatened the 6th graders that were messing with me that it slowed down it never stopped. I know it seems sad that my uncle did that to these kids however.

I mean I was about to piss myself everyday I would go to lunch and these kids would sit across the way and would sit there and talk all this stuff about all of the things they were going to do. Then when we went out for recess I would try to hide and it never worked they would find me and beat me up or pick me up and throw me around. I would punch and hit them and kick them however I was so little it never matter. My point to all of this is that I wish I would of sued everyone. It would of made me feel better.
 
[quote name='Graystone']When I was little in elementary school about 1st grade. I was physical teased and threatened. everyday at lunch and I told all of the teachers and principal everyday and they always said just tell you bullies "stick and stones". That never worked it wasn't until my body building uncle came up to school and threatened the 6th graders that were messing with me that it slowed down it never stopped. I know it seems sad that my uncle did that to these kids however.

I mean I was about to piss myself everyday I would go to lunch and these kids would sit across the way and would sit there and talk all this stuff about all of the things they were going to do. Then when we went out for recess I would try to hide and it never worked they would find me and beat me up or pick me up and throw me around. I would punch and hit them and kick them however I was so little it never matter. My point to all of this is that I wish I would of sued everyone. It would of made me feel better.[/QUOTE]

Nice sig, dude. I like it.
 
[quote name='javeryh']Well said. Getting picked on is just part of growing up. If you stop being a pussy for 5 seconds and think about it you will realize that the kids who are bullys in school will most likely be pumping your gas in 10 years while you are off banging hot chicks with a pocket full of cash. The problem is people never realize this when they are going through it... if I could only go back...[/QUOTE]

So fucking true. I wish I realized that too. I became really depressed because of the teasing in 8th grade; going to a private high school for 9th grade only and taking Paxil (for some reason) helped. I'm fine now, and my reputation in 9th grade was that I should not be fucked with, according to several sources. I guess they got that when I was at a school dance and some idiots tried to grind on me. I punched them (kinda lightly though) in the chest. :D
 
As gamers, aren't we forgetting something? "Blame the parents!"

I'm glad I didn't do all 4 years of high school here, it's pretty brutal if you aren't accepted by most of the kids. And since school is definitely not about education here (on the most part), it has to be about learning social skills.

Oh the upcoming law school students are drooling over this case I'm sure ;)
 
[quote name='guardian_owl']*Hiss* :p

Tonganoxie is actually very close to Lawrence, it's a small town of about 1,800 so more than likely some of the people on the Jury either knew himor knew the his parents.[/QUOTE]

Tonganoxie sucks ... one of my friends moved out there this summer. We have to drive to Bonner just to eat McDonald's breakfast at 4am. At least they have a couple sonics. :lol:
 
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