WHITINGHAM — A second settlement involving a former student who suffered bullying and racial harassment at Twin Valley Middle High School has been reached.
In an announcement, the American Civil Liberties Union of Vermont called the resolution "a victory for Vermont students and school equity advocates."
School Board Chairwoman Kristy Corey told the Reformer the district will continue its "efforts to improve our investigative processes and to foster an inclusive community," which includes a new position: director of climate, diversity and inclusion, the implementation of new restorative justice practices, enhanced student support and strengthened investigation procedures.
On Wednesday, the ACLU announced the settlement with Twin Valley Unified Union School District of a complaint on behalf of C.B., a Black student who experienced racially motivated bullying and harassment by classmates during the 2020-2021 school year. The ACLU said it filed the complaint with the Vermont Human Rights Commission against the school in December 2021, "alleging that school administrators took no meaningful action to protect C.B. — the only Black student in the school at the time — from derogatory racial slurs, references to white supremacy and threats of physical violence."
"Fearing for her safety, C.B. did not participate in school sports, her grades declined, and she developed anxiety and depression," the announcement states. "Ultimately, C.B. was forced to transfer schools, just weeks before the school year ended."
The ACLU said the commission's settlement announced Tuesday follows a separate settlement from March 2023 between Twin Valley and the U.S. Department of Justice. Following an investigation under Title IV of the Civil Rights Act of 1964, the DOJ concluded the District “knew of, and did not respond sufficiently to, individualized harassment and a broader hostile educational environment in Twin Valley Middle‐High School," according to the ACLU.
“These settlements taken together are a major win for our client, for Vermont students, and for everyone working for racial justice and more equitable schools," Lia Ernst, legal director for ACLU of Vermont, stated. "The reality is that identity-based bullying and harassment continues to affect students across this state every day, and state leaders and institutions have not responded adequately or appropriately. School administrators have a responsibility to protect students’ rights to an education free of discrimination, and we hope this case reminds schools of that responsibility.”
WHITINGHAM — The U.S. Justice Department announced it reached an agreement with the Twin Val…
The ACLU said the DOJ settlement focuses on improving the school for current and future students via changes to policies, practices, staff training and monitoring by the Justice department. The HRC settlement "emphasizes acknowledging and redressing the harms C.B. suffered while she was a student there," according to the announcement, including a public statement from Twin Valley "expressing regret for the harms C.B. experienced and the administration’s insufficient responses."
The ACLU said the parties exchanged letters reflecting on the harassment and its impacts, and Twin Valley paid C.B. an undisclosed sum in damages and attorney fees.
“Though the harms that I experienced can’t be undone, I am relieved that Twin Valley is being held accountable and working to change the way it addresses racially motivated bullying and harassment," C.B. stated in the announcement. "I hope that state policymakers and school officials will learn from my experience, so that other students do not have to face the same hostile environment that I did.”
In a statement, Twin Valley said it mutually agreed with C.B.'s mother to enter into a conciliation agreement related to claims of discrimination she raised with the commission.
"TVUUSD regrets that C.B. suffered significant harm from instances of peer racial harassment while enrolled in the District, and that the actions taken by the administration under its policies and procedures were insufficient to enable her to have a positive school experience in the District," the district said. "TVUUSD is committed to creating a school climate where all students can learn and thrive in an environment that does not tolerate harassment or bullying of any kind. The District has taken the issues raised in the course of the HRC investigation extremely seriously and has redoubled its dedication and commitment to creating a welcoming and inclusive environment for all students."
Before entering into the conciliation agreement, the district said, TVMHS was already conducting equity trainings, employing a school climate survey and holding educator, student, and staff listening sessions to hear about areas of strength and areas for growth regarding school climate. The sessions were facilitated by the Joy and Justice Team from the Collaborative for Education Services.
"TVUUSD is taking all reasonable steps to ensure that students feel comfortable at school," the district stated. "Our commitment includes continuing to conduct annual climate surveys and listening sessions, and providing schoolwide trainings targeted at addressing race-based harassment. Any staff member involved in investigating these types of claims are also receiving additional training to ensure that harassment, hazing, and bullying behaviors are investigated and addressed promptly."
The district said it "looks forward to partnering with the entire Twin Valley community to work towards a community that is welcoming to all."
"We welcome all suggestions and feedback from our community as we continue our ongoing efforts to make our schools welcome for all," Corey told the Reformer.
Principal Anna Roth said the district's administration has been "actively engaged in learning about and developing systems that foster an inclusive educational environment for all students and families."
"Twin Valley Middle High School is committed to two important partnerships," she told the Reformer, citing UP for Learning to facilitate a Youth-Adult Partnership for Restorative Practices with an Equity Lens, and the Joy and Justice Team from the Collaborative for Educational Services to facilitate the JEDI (Justice, Equity, Diversity, and Inclusion) team comprised of faculty and students as well as the school's Bias Incident Response Team.
Roth noted the supervisory union adopted a revised Equity Action Plan in September 2022 and the director of climate, belonging and inclusion hired last spring is working on developing restorative practices and conflict resolution systems to help students learn to celebrate diversity and constructively manage conflicts.
"Through all of these efforts, we are seeing positive changes at Twin Valley, including a growing understanding of, and appreciation for, one another's differences and the increased use of harm repair circles following conflict between members of our school community," Roth said. "We understand that the process of educating students about our expectations for appropriate behavior at school can be challenging, but we are committed to continuing to offer our students opportunities to learn and grow in this regard."
Past reports have documented what the ACLU described as "longstanding, pervasive racism in Vermont schools." The group said advocates continue to call on policymakers to enact stronger guidelines and protections for students.
"Unfortunately, we do not have a great way of tracking the number of complaints like this we receive," Lia Ernst, legal director for the ACLU of Vermont, told the Reformer. "I can say that it’s a lot, with a marked uptick around the time we filed the HRC complaint. I know that our partners at organizations across the state — the NAACP branches, the Education Justice Coalition, and others — also regularly receive complaints about discriminatory harassment and bullying in schools and insufficient responses from the administration."
Ernst said the state "can and should be doing much more to ensure that all students go to schools that are welcoming, safe and supportive and that do not tolerate discriminatory harassment." She suggested the Harassment, Hazing and Bullying Prevention Advisory Council be given "actual authority and teeth" by including representatives for students and affected communities, having the ability and resources to conduct independent investigations, and having the power and authority to impose sanctions when administrations fail to respond appropriately to incidents.
"It has none of these," she said.
A coalition of Vermont organizations launched Vermont Narratives for Change in October to collect stories from students who have been subject to hazing, bullying or harassment in Vermont schools. The campaign aims to "inform policy changes that protect the right to a fair, equitable education," according to the announcement.
C.B. is represented by the ACLU of Vermont and pro bono co-counsel at Hausfeld LLP.
