A Colorado school district is facing a lawsuit after suspending an Asian student for filming himself using racial slurs while drunk. The video, which gained significant attention online, did not lead to punishment for black students who reacted on social media. This situation is being viewed through what some are calling a “culturally sensitive lens.”
The Cherry Creek School District in Denver suspended the student, identified as LY, for two months and was considering expulsion after he filmed two female students using the N-word and making derogatory comments about black people during Thanksgiving 2023.
The lawsuit, filed by America First Legal and First & Fourteenth, claims the district violated LY’s First and 14th Amendment rights. One of the students in the video reportedly said, “I’m not all racist. I just like everyone.”
The two female students from Campus Junior High School also made comments like, “Please don’t threaten me,” and “I like black people.” The girls included one white student and one Hispanic.
After returning from the Thanksgiving break, LY was approached by MJ, a black classmate, who asked about sharing the video. LY’s response is noted in the complaint.
MJ then reported the video to school authorities and shared a snapshot that went viral in the Denver area, captioned, “This is why I don’t date white people.”
Following the incident, LY received a two-month suspension and was nearly expelled, similar to the punishment faced by the two girls who made the offensive remarks. In contrast, MJ and her sister, who also shared the video, faced no consequences; school officials indicated that their actions were viewed through a “culturally responsive lens,” according to the lawsuit.
The lawsuit alleges that district administrators acknowledged directives from higher officials not to discipline MJ due to her race and family ties to the district’s Diversity, Equity, and Inclusion (DEI) program.
Further claims state that officials justified not disciplining MJ and her sister based on the predominantly white makeup of the school and the need to view black students’ actions through a more sensitive lens.
Legal representatives have argued that LY experienced unequal treatment. Ian Prior, a senior counsel at America First Legal, criticized the school district for “distorting reality” to fit a racial agenda.
Pryor stated, “Disciplinary actions should center on behavior, but Cherry Creek is distorting facts and accusing individuals of inappropriate conduct to achieve their racial representation goals.” He emphasized that innocent students are being unfairly targeted while those truly responsible go unpunished.
America First Legal and First & Fourteenth also contended it was unjust that LY was punished for sharing the video while MJ and her sister were not. They added that a former assistant principal had instructed school officials to avoid electronic communication about the issue to prevent public records requests.
LY’s punishment stemmed from the allegation that he “recorded and distributed” a video involving discriminatory language, which supposedly led to significant disruption in the learning environment at CMS, as outlined in the lawsuit.
The lawsuit seeks to remove LY’s suspension from his academic record and affirm that his rights were violated.
Laura Stell, general counsel for America First Legal, stated that there should be no racial considerations in student discipline, arguing that such policies only further racial divides in society.
The Cherry Creek School District has been approached for comment.
