Nex Benedict’s death in Oklahoma prompts federal investigation. What happens now?

The Education Department’s federal investigation into the death of Oklahoma 16-year-old Nex Benedict will take months and could yield unsatisfying results for advocates who want big changes in the treatment of LGBTQ youth in schools. .

The department’s Office of Civil Rights (OCR) responded to a Feb. 21 letter from the Human Rights Campaign, the nation’s largest LGBTQ advocacy group, accusing Benedict’s school district of failing to adequately respond to sexual harassment. In response, we began an investigation last week. That may have contributed to the student’s death on Feb. 8, a day after a fight in the girls’ restroom.

OCR typically responds quickly to reports of civil rights violations, but the department’s policy is to investigate any complaints alleging discrimination, said Rachel Perera, a fellow at the Brown Education Policy Center at the Brookings Institution. Said otherwise. Investigations often begin with a tragic event, such as a death.

“This is not a typical incident that incites a Ministry of Ed investigation like this,” Perera said in an interview. “Because this first incident is so sensitive and tragic, we expect them to handle this a little differently than what standard protocol would dictate.”

Important details regarding Benedict’s death and identity are still unknown.

Sue Benedict (Benedict’s grandmother, they called her Mama) said: independent person Benedict “didn’t see themselves as men or women. He saw themselves as right in the middle,” friends said at the wake in Owasso, Oklahoma, where Benedict lived. Benedict, who is transgender, said he was primarily referred to by he/him pronouns at school, but also used they/them pronouns.

LGBTQ advocacy groups said Benedict, who is of Choctaw descent, identifies under the umbrella of Two Spirit, transgender and gender nonconforming.

A police investigation is ongoing, and the results of the autopsy and toxicology report are pending. Local authorities said a fight at the school had not been ruled out as the cause of death.

It’s also unclear how long the OCR investigation into Owasso Public Schools, Benedict’s school district, will last. Certain investigations, especially those involving violent crimes, can take months or even years.

The Department of Education told The Hill it began the investigation on March 1, but did not say how long it would take.

“It is extremely important that we conduct a full-scale investigation to find out what happened and ensure that accountability and justice are meted out,” Kelly Robinson, president of the Human Rights Campaign, said in a call with reporters Thursday. ” he said.

“We need to know what’s going on in this school district. We need to know how the administration is addressing anti-LGBTQ+ harassment broadly,” she said. Mr Robinson referred to a recent report. Oklahoman In it, current and former Owasso students said the Tulsa suburb has a long history of bullying targeting LGBTQ people.

Lance Preston, founder and executive director of the Rainbow Youth Project, told reporters Thursday that calls to the group’s crisis hotline have increased since Feb. 16, when Benedict’s death began receiving widespread media attention. He said the number of calls has increased rapidly. Most callers in Oklahoma reported incidents of bullying at local schools, Preston said.

Benedict’s death puts a spotlight on Oklahoma, which the ACLU says leads the nation in anti-LGBTQ bills introduced this year, and the state’s treatment of LGBTQ students.

More than 350 LGBTQ and civil rights organizations, including the Human Rights Campaign, in February called for the firing of the state’s top education official, Ryan Walters, for anti-LGBTQ views and policies, and the appointment of conservative activist Chaya Rejcik, who is behind the Liberal Party. requested. We submitted our opinions on TikTok, which has many posts targeting LGBTQ people, to the state library advisory committee.

Mr. Walters attended the State Board of Education meeting in January. About gender fluidity This is “the most radical concept ever encountered in K-12 education”. criticized the Biden administration About weaponizing the Department of Education to “impose gender ideology on children.”

Following the increased attention to Benedict’s death, Walters said in a statement that “radical leftists and their accomplices in the media” had used the incident to “advance a political agenda and misinformation.” he accused.

“I will continue to fight for my parents and will never back down from the woke mob,” he said.

The human rights campaign called for another investigation Walters and the Oklahoma State Department of Education.

“He’s more busy covering his tail than doing his job, so we need to make sure there’s an outside agency to ensure a thorough investigation,” Robinson said Thursday, referring to the OCR investigation. “And if this investigation reveals that what we have heard is true – that there is a pattern of systematic harassment within the school, then action must be taken. ”

In that case, Robinson said, the Department of Education would need to take clear steps for the district to change its policies and culture, and Owasso Public Schools would need to enter into a compliance agreement to ensure those steps are taken. That’s what it means.

School districts may also choose to resolve the investigation themselves through a resolution agreement, which is permitted in certain cases, in accordance with OCR’s grievance procedures.

Schools found to have violated the laws enforced by OCR, including Title IX, are almost always given the opportunity to negotiate a settlement. Settlements typically require schools to collect better data on Title IX complaints and provide more resources to students.

“These do not appear to be sufficient to address the type of harassment documented by Ms. Benedict’s family and friends,” said Perera of the Brookings Institution. Efforts to make schools more inclusive for LGBTQ youth “especially in a state where the state superintendent has lashed out at everyone.” ”

In rare cases, schools found to be violating the law may lose federal funding. Schools that refuse to comply with agreements they enter into with OCR may have their cases referred to the Department of Justice.

Advocates do not expect discrimination against LGBTQ people in Oklahoma, and Owasso in particular, to disappear overnight, and said the OCR investigation is just a step in the right direction.

“The young people watching need to be reassured that there are people willing to stand up for them when something completely wrong happens,” said Robinson, of the Human Rights Campaign.