CLEVELAND HEIGHTS, Ohio — A lawsuit has been filed against the Cleveland Heights-University Heights City School District (CHUH) for alleged Title IX and Civil Rights violations in its response to reports of sexual misconduct.
Friedman Nemecek Long & Grant, LLC, The Temperance Legal Group, PLLC, and A. Frazho Law Office, PLLC filed the lawsuit in the United States District Court for the Northern District of Ohio against CHUH and several of the district's employees.
“The fact is when it is reported that’s when the school has to take action and they just failed here,” said attorney Eric Long in an interview with 3News. "First and foremost they want to see change and accountability.”
Five different girls from kindergarten to high school say other students sexually assaulted or harassed them as far back as 2011 and as recently as 2022. The lawsuit alleges the district committed Title IX violations for failing "to address and respond appropriately to sexual harassment and assaults occurring over more than a decade."
The complaint, which represents multiple plaintiffs who are identified as Jane Doe, claims that CHUH officials and administrators "deliberately ignored, minimized, and retaliated against victims who reported sexual harassment and assault."
In one case, a sixth grader at Roxboro says she was suspended after she confided in a school counselor that an eighth grader sexually assaulted her in a school closet. The mom of a kindergartener said the school refused to change her daughter’s class after multiple incidents of a student putting his hands down her pants. She ultimately pulled her daughter out of Fairfax Elementary, the lawsuit says.
"One of the things that is alarming to me is that it's not the same person that’s involved in all these cases. Its not one superintendent or one principal. This is happening across schools. It’s a districtwide problem," Long argued.
As a result, plaintiffs allege that they experienced "severe emotional distress, educational setbacks, anxiety, and fear as a result of the defendants' alleged negligence and deliberate indifference."
"Despite being legally obligated to protect students and ensure a safe educational environment, the defendants allegedly allowed the perpetrators to remain enrolled and continue their participation in school activities, creating a hostile environment that profoundly impacted the victims' ability to benefit from their education," said the law firm of Friedman Nemecek Long & Grant, LLC in a press release.
As a result of the alleged violations, the lawsuit is seeking justice and accountability for the victims, highlighting the need for the district to take allegations of sexual abuse and harassment seriously.
In response to the lawsuit, Elizabeth Kirby, Superintendent of Cleveland Heights-University Heights Schools, released the following statement to 3News:
Title IX is a federal civil rights law that protects people from discrimination based on sex in programs or activities at publicly funded schools. Title IX covers allegations of sexual harassment and sexual violence.
The top priority for CH-UH City School District leaders at every level is the safety of our students and staff.
We take all allegations of this nature seriously, including the District’s obligations to report and investigate. We are aware that a number of parents are dissatisfied with the District’s Title IX response. We respect their right to voice their opinion. However, it is important we underscore the District’s commitment and ongoing work regarding Title IX compliance:
- The CH-UH School District employs (and has employed for the last two school years) a full-time District Compliance Officer/Title IX Coordinator specifically to address allegations of discrimination and harassment, including sexual harassment.
- The District provides ongoing training in sex-based harassment across stakeholder groups, including administrators, teachers, staff and students.
- Administrators, teachers and staff are required to attend an annual review of Title IX expectations and procedures that addresses the full continuum of sex-based harassment for all grade levels.
- Principals receive annual interactive, in-depth training on Title IX policy updates and procedures.
- All teachers, social workers, counselors and coaches receive Title IX training annually.
- The training sessions are facilitated by District administrators and our Title IX Coordinators
- The District’s Title IX Coordinators conduct annual age-appropriate Title IX education sessions for students in all schools and grade levels.
- The District’s Student Code of Conduct is also regularly reviewed with students and similarly disallows any sex-based harassment or discrimination.
- The District provides a sexual harassment reporting form on the District website that can be completed and submitted at any time, including during non-business hours. Reports may also be made in-person, by phone or email, and may be made to any District staff member
- Following the root cause analysis on sexual harassment the District conducted in spring 2022, the District hired additional support staff, implemented District-wide PBIS structures, and developed community partnerships to support students.
- The District in 2022 adopted a consent-based curriculum for middle school and high school students as part of the health course curriculum in alignment with state requirements.
- CH-UH Schools in 2022 formed an Advisory Committee for Title IX issues that includes students, parents and staff.
CH-UH Schools are committed to having the resources and processes in place to respond to allegations of Title IX violations promptly, thoroughly and equitably. We urge any student or staff who have been the victim of sexual harassment or sexual violence to promptly report that information to the District’s Title IX Coordinators, or to another trusted member of our staff. Our commitment is steadfast in responding promptly, effectively and equitably to all reports of sexual misconduct and we are determined to make our school the safe, welcoming facility we all want and deserve.
The full lawsuit can be viewed below: