Washington State Human Rights Commission

Lambda Legal filed a lawsuit against the Holmdel Board of Education in September 2005 on behalf of a lesbian student who was verbally and physically attacked for two and a half years in Holmdel High School. While the abuse was brought to the school administration’s attention time and again, no effective measures were taken by the school to end it.

The plaintiff, Nancy Wadington, attended Holmdel High School until the middle of eleventh grade when she had to leave the school to protect her safety. For nearly three years, other students had verbally harassed her, threw bottles and other objects at her, pushed her down a flight of stairs, and stole and destroyed her books and backpacks — on one occasion urinating inside her backpack. Though both Wadington and her mother approached the school’s administration seeking assistance, they failed to stop the harassment.

Fearing for her safety, Wadington stopped using the restrooms at school and forced herself to go to the bathroom only before and after school, despite abdominal pain. She also stopped using the school’s locker rooms, wearing her gym clothes to and from school. She further avoided the harassment in the hallways between classes by often walking outside the building, even in the cold and rain, to find an entry door closest to her next class.

The lawsuit is based on the New Jersey Law Against Discrimination that prohibits sexual orientation discrimination in all places of public accommodation, including schools. This case is a continuation of Lambda Legal’s work on behalf of youth in schools. In 1996, Lambda Legal won a landmark victory in Nabozny vs. Podlesny, in which a Wisconsin student was the victim of antigay harassment at school — the case set the precedent holding schools accountable when they fail to protect their students from antigay harassment.

Alphonso David, Staff Attorney and David Buckel, Senior Counsel, are Lambda Legal’s attorneys on the case and are joined on the case by David Springer, Robert Del Tufo and Mary Ann Le Fort of Skadden, Arps, Slate, Meagher and Flom, LLP.

Washington State has an Anti-Bullying Statute (RCW 28A.300.280) requiring that “By August 1, 2003, each school district shall adopt or amend if necessary a policy, within the scope of its authority, that prohibits the harassment, intimidation, or bullying of any student. It is the responsibility of each school district to share this policy with parents or guardians, students, volunteers, and school employees.” As defined by RCW 28A.300.280, “harassment, intimidation, or bullying means any intentional written, verbal, or physical act, including but not limited to one shown to be motivated by any characteristic in RCW 9A.36.080(3), or other distinguishing characteristics, when the intentional written, verbal, or physical act.” RCW 9A.36.080 includes “race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap.”

Office of Superintendent of Public Instruction with the state of Washington - http://www.k12.wa.us/

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