Settlement in lesbian student harassment case
05.19.2009 11:50am EDT
(Vallejo, California) A settlement has been reached between a student, who claimed she had faced anti-gay harassment and discrimination from teachers and school staff, and the Vallejo City Unified School District.
The settlement was reached by the American Civil Liberties Union and includes district-wide anti-harassment training for students and staff.Rochelle Hamilton, who came out as a lesbian when she was 13, complained that among other forms of discrimination she was required to participate in a school-sponsored “counseling” group designed to discourage students from being lesbian, gay, bisexual, or transgender.
“All I ever wanted was to be able to go to school and just be myself. But I couldn’t do that when the people I was supposed to be learning from were judging me and telling me something was wrong with me. How was I supposed to learn when I was constantly scared?” said Hamilton in a statement provided by the ACLU announcing the settlement.
Hamilton said that the verbal harassment and discrimination began shortly after she began attending Vallejo’s Jesse Bethel High School as a sophomore in the fall of 2007. The verbal attacks continued for months.
Hamilton became severely depressed and her grades plummeted. Worried for her daughter, Hamilton’s mother, Cheri Hamilton, repeatedly wrote letters, made phone calls, and met in person with school and district officials for several months. After three months of outreach to the school and the district, Cheri Hamilton contacted the American Civil Liberties Union of Northern California for help.
Among the complaints, Hamilton said that a teacher approached her while she was hugging her girlfriend and said, “This is ungodly, and you’re going to hell. This is a sin.”
On another occasion another teacher said, “What’s wrong with you? What are you, a man or a woman?”
Other school staff made repeated harassing comments to Hamilton in front of her classmates, including saying, “it’s not right to be this way,” according to the complain.
On several occasions Hamilton was denied access to the girls’ locker room.
“California school districts are required by state law to protect students from harassment and discrimination, including on the basis of sexual orientation and gender identity,” said Elizabeth Gill, an ACLU-NC staff attorney who worked with the district on the settlement.
“If a school district ignores anti-gay bias in schools, it is plainly violating both state and federal law. These laws are designed, in part, to ensure that all students are able to learn and thrive free from bias. When it’s left unchecked, harassment can take a serious toll on students.”
Gill said that one of the most egregious incidents in this case involved a school counselor who required Hamilton to attend a special weekly support group for gay students.
“The real purpose of the group was quickly revealed, however, when the counselor berated students for “choosing” to be gay and tried to convince them to change their sexual orientation or gender expression.”
The counselor allegedly told the students that it is “hard to get a job if you’re gay.” When Hamilton’s mother went to school officials about the “counseling” group, the counselor confronted Hamilton the next week, telling her, “You’re going to get this treatment your whole life. What are you going to do, stand up every time?”
“The district-wide anti-harassment training will make Vallejo schools a more welcoming place to learn for all students,” said Jory Steele, ACLU-NC’s managing attorney. “District administrators made the right move in taking important steps to protect its students from bias.”
Hamilton transferred out of Jesse Bethel High School midway through her sophomore year to escape the daily harassment. She is now completing her junior year at another high school in the district.
As a result of the settlement, the district will adopt a clear policy explicitly prohibiting discrimination and harassment based on sexual orientation or gender identity, as required by California law; develop a specific procedure for harassment and discrimination complaints; provide mandatory training for all teachers and other staff who interact with students in how to identify anti-gay harassment and discrimination, why it’s harmful, and how to prevent it; and provide mandatory anti-harassment training to all students in the district, as well as taking other steps to make the district a more welcoming environment for lesbian, gay, bisexual and transgender students.
School district spokesperson Jason Hodge said the district’s own investigation did not support Hamilton’s allegations but district officials agreed their policies could be strengthened.




im definitely happy to see some justice….way to stand up and speak out huni…and u cute….u bettr get it…
The aliens are the people who check their brains with their coat when they enter the homophobic churches.
This is a step forward. And the teacher should have been tossed out the dcor with the old “move quickly so you don’t get the doorknob giving you your sexual thrill up your ass.*
*Which would apply equally if she tripped and it hit her in the head.
Stories like this make me sad more then anything else. Being LGBT is not a disease that you can catch from being around someone who is. To deny a student the right to enter a locker room is deplorable. And things like this and worse happen all the time. Even with all of the progress that we have made, there are still not enough people standing up for equality. These people deserve to pay 20 times over for what they have done. I mean…we are not aliens.
“You’re going to get this treatment your whole life. What are you going to do, stand up every time?”
May the answer to this always be a resounding HELL YES!
The Vallejo Unified School District has a long history when it comes to hiring anti-gay teachers and administrators. This isn’t the first publicized incident of harrassment.
Vallejo is divided roughly equally between African Americans, Filipinos, and Hispanics. It was always an impoverished ghetto. But the economic crisis has made the sitution even more dire. Vallejo made headlines last year when it became the first California municipality to declare bankruptcy. Frankly, the county government and/or state legislature should end “home rule” there. The city is a cesspool of mismanagement, crime, and corruption. Time for Sacramento to appoint a special prosecutor or manager to take out the trash.
Hmmm, portable mp3 players that act as a recorder. That would be your proof and it’s very easy to conceal. Settlement my ass. The fact of the matter is they violated state law and should have been punished with a big fat award going to this girl.
“You’re going to get this treatment your whole life. What are you going to do, stand up every time?”
Yes, actually, it look like Rochelle will stand up every time.
And Kudos to her.
She will only get ‘the treatment her whole life’ from someone else regardless, so, YES, if I were Rochelle, I may have said ‘Of course I will stand. Would not you?’
i certainly hope that part of the settlement, if the district didn’t already do it, was firing the counselor. this was a breach not only of ethical treatment but also against the law and the rules of responsibility for the counseling organizations of the US. a person like this should NOT be working with any child – lgbtq or not! as a former school administrator, i would have him/her up on charges instantly. if the district won’t do it because of his/her reprehensible actions, they should do it because he/she has just cost them ten, if not hundreds, of thousands of dollars.
“You’re going to get this treatment your whole life. What are you going to do, stand up every time?”
Yes Mr. Counselor we will, Every time, Every where and for Every one!
The things we do to children in the name of religion.
Well praise jesus that at least a “settlement” was reached; now let’s hope that this poor girl finally gets some justice! What a sad story!
Wow! this reminds me of my highschool. I was obviously turned away from lots of administraters comments about being gay, but that was in 1991.
A heavily black school district? If so then they are all in church Sunday mornings singing “Praise Jesus” and being told what sin is – being a faggot is a dirty sin, or so the saying goes. These kids are indoctrinated by the pulpit and the parents so why should anyone be surprised at what this child experienced. And the adminstration’s “investigation” found no problems??? Well, praise Jesus.
NO PHOTOS: This is a heavily black school district… is this just black homophobia (like Obama’s) continuing. This must be stopped.