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Lesbian Student Receives $25,000 Settlement in Discrimination Case
by Gizem Unsalan
May 19, 2009
 
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Rochelle Hamilton, a lesbian high school student in California who faced discrimination and harassment due to her sexual orientation, received a settlement of $25,000 in her lawsuit against the Vallejo City Unified School District. On Monday, the American Civil Liberties Union (ACLU) announced the terms of the settlement, which include district-wide training for students and staff regarding harassment based on sexual orientation and gender identity.

Hamilton, who came out as a lesbian when she was 13, began attending Jesse Bethel High School as a sophomore in 2007. Shortly afterwards, she was verbally abused by her teachers and staff for being gay. She was also required to participate in a weekly “counseling” group designed to change the sexual orientation and gender expression of LGBT students.

"I'm sure this counselor in her own mind probably had the best intentions in trying to talk students out of being gay," said Elizabeth Gill, an attorney for the ACLU who represented Rochelle Hamilton, to the Associated Press. "The fact that this was going on in the school shows there was no understanding of the basics of state law."

After appealing to the school and district officials repeatedly about her daughter’s depression and receiving no answer, Rochelle Hamilton’s mother Cheri Hamilton contacted the ACLU, and the organization agreed to take on her daughter's case. In the meantime, Rochelle Hamilton began attending another high school in the district.

On the other hand, Jason Hodge, a spokesman for the Vallejo Unified School District, said the district's investigation did not support Rochelle Hamilton's allegations and that no one at the high school was disciplined. Officials nonetheless agreed to settle the teen's claim without acknowledging liability, agreeing their policies on preventing anti-gay discrimination could be strengthened, Hodge said.

"We did conduct multiple investigations, and we didn't find that staff had acted inappropriately, necessarily," he said. "This was just a desire to bring closure to the matter."

According to California law, schools must protect students from harassment and discrimination based on sexual orientation and gender identity. The ACLU brokered a five-year agreement with the school district, which is now required to adopt a clear policy against discrimination and harassment based on gender identity and sexual orientation, develop specific procedures for handling complaints, and provide mandatory training for teachers and staff.

"I feel great about the decision that it all came down to," Rochelle Hamilton, now 16, told the Associated Press. "It makes it safer for other students like me, so they can come out on campus without being harassed by teachers."


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