Subject: Eastern Kentucky Student Files Suit
From: [email-masked]
Date: Sat, 1 Apr 2000 15:46:56 EST

Exclusive from The Letter (Kentucky's gay, lesbian, bisexual & transgender 
newspaper).

Apr. 1, 2000

KENTUCKY STUDENT SUES SCHOOL OFFICIALS, CHARGING FAILURE TO REDRESS ANTI-GAY 
HARASSMENT

by David Williams, Editor
The Letter (Louisville)

On Mar. 24, Bradley Putman, a former student at Somerset High School in the 
southeastern Kentucky community of Somerset, filed a complaint for damages in 
the Easter District of Kentucky against the Somerset Independent School 
District, superintendent Monte E. Chance, and several agents and employees 
for depriving him of his "constitutional and statutory rights to be free from 
sexual harassment, to be free from discrimination on the basis of sex and to 
be free from discrimination on the basis of his actual or perceived sexual 
orientation."

The suit arises from numerous instances of harassment against Putman because 
of his perceived homosexual orientation.  Putman's suit says the harassment, 
which occurred while he was attending Somerset High in 1997-1998, took the 
form of "hostile, offensive, threatening and unwelcome verbal, visual and 
physical conduct of a sexual nature" on almost a daily basis.  On at least 
three separate occasions, he also received death threats.  When he returned 
to the same school for the 1998-99 school year, Putman's suit says the 
harassment started up again.  His parents decided to move into another school 
district so that Putman could be educated in a harassment-free atmosphere.

But when he complained to school officials, Putman's suit charges they did 
nothing to stop the harassment.  None of the perpetrators were ever suspended 
or otherwise penalized.

Two of the most egregious incidents noted in the suit occurred at 
Christmastime 1997 and in April 1998.

During December 1997, unidentified individuals fabricated a Christmas card 
which purported to be from Putman to another male student who was also 
perceived to be gay.  The card contained sexually explicit language and was 
distributed around school in an attempt to embarrass and humiliate the two.  
"Students lined up in the hallways to harass Plaintiff about the Christmas 
card and to yell harassing epithets at him," the complaint charges.

The second incident involved a neon spraypainted drawing of two male stick 
figures on the surface of the high school's parking lot.  The drawing showed 
the two figures engaged in a sexual act.  Beneath it were painted the words, 
"This is for you Brad Butman [sic]."  When Putman's father complained about 
it to the principal, Ray Vater, the lawsuit says Vater didn't have the 
drawing removed for four days.

On numerous occasions during the 1997-98 academic year, Putman and his 
parents brought the problem to the attention of school officials at Somerset 
High but, according to the complaint, were continually rebuffed.  Putman 
charges that Vater continually refused to meet with him or his parents for 
many months, instead referring him to assistant principal Sharon Flowers.  
Putman says Flowers told him on several occasions that she didn't know what 
she could do.  On one occasion, he says she told him to simply "hold his head 
high."  On another occasion he says she told him to "not pay any attention to 
these students."  When Putman and his mother talked to school counselor 
Marshall Judy about the harassment, they allege that Judy responded simply, 
"Boys will be boys."  Michael LaFavers, the school board chairman, never 
responded to a letter about the harassment which was sent to him by Putman's 
parents.

The suit charges that the defendants refused to enforce or have enforced 
their own disciplinary, anti-harassment and anti-discrimination policies to 
prevent harm to Putman.  Putman charges a violation of his rights under the 
Fourteenth Amendment to the US Constitution, Title IX of the US Civil Rights 
Act of 1964, Sections 1-3 of the Kentucky Constitution, and Kentucky Revised 
Statutes chapter 344, the state civil rights laws.  He seeks damages in an 
unspecified amount, and a trial by jury.

Over the last five years, several similar cases have been filed by former gay 
and lesbian students against other school systems nationwide, including one 
in Kentucky which was successfully tried in favor of the plaintiff in a suit 
against the Spencer County school system in 1998.

Attorneys for Putman are John Frith Stewart and Everett C. Hoffman of 
Louisville.

END

[So far the Louisville Courier-Journal, which was once considered Kentucky's 
flagship newspaper, hasn't picked up on this story but of course I'm not 
surprised.  Their editorial department has been great when it comes to gay 
issues, but the news department continues to fall way short.  I've kind of 
given up any hope of improvement there any time soon; there's other battles 
to fight.  Hopefully the Lexington Herald-Leader--which is actually a better 
paper--will pick up on this.]
--David Williams, Editor, The Letter