Rebecca Johnson, Melissa Smith & Elizabethe Payne

Paper Title: Policy as Protection?: An analysis of school policy in a district sued for failing to protect a student harassed for his gender and sexual identity.

Abstract: Increasingly, efforts to improve school climate for LGBTQ students are turning to legislation, policy, and litigation. Researchers have asserted that in order to disrupt patterns of harassment, schools need “clear, comprehensive, and accessible…policies” that clearly communicate to the entire school community that LGBT students are afforded the same protections as their peers (Anagnostopoulos et al, 2009).  However, inclusive policy does not equate to inclusive school culture, and policy without commitment to communication and enforcement is ineffective. This paper explores the limitations of policy and litigation as illuminated by a 2009 school harassment case in Upstate New York. We outline the inconsistencies and ambiguities in the school’s anti-discrimination policies and examine these policies alongside parent and student affidavits which indicate school officials did very little to disrupt the pattern of abuse. The administration’s reported indifference to the policies—which included sexual orientation—was central in supporting a school climate that actively tolerated LGBT harassment. In summary, the larger issues of legislation, litigation, and inclusive policy as tools for improving school climate for LGBT students are explored.