The U.S. Department of Education is investigating whether Owasso Public Schools failed to adequately respond to student harassment allegations, the district confirmed Friday evening.
A statement from Owasso Public Schools confirmed that the district received notice of an investigation by the U.S. Department of Education's Office for Civil Rights on Friday, based on a complaint filed Feb. 21 by the LGBTQ+ advocacy group Human Rights Campaign.
“The district is committed to cooperating with federal authorities and believes the complaints filed by HRC are unsupported by facts and without merit,” the district's statement said.
The investigation was revealed late Friday night when the Human Rights Campaign released a letter from the Department of Education's Office of Civil Rights to the Human Rights Campaign.
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The letter, also dated Friday, does not mention Owasso Public Schools student Nex Benedict, but was written in response to a Human Rights Campaign complaint regarding Benedict's death on Feb. 8.
A letter to HRC Chairman Kelly Robinson said the organization was “subject to an investigation into the following matters”:
“1. Whether the school district failed to respond appropriately to the alleged harassment of the student consistent with the requirements of Title IX.
“2. Whether the school district failed to adequately respond to allegations of student harassment in a manner consistent with the requirements of Section 504 and Title II.''
The letter was signed by Karen A. Mines, acting regional director of the Civil Rights Division, Region 5, which includes six states in the upper Midwest. Since Oklahoma is in Region 6, it is unclear why Mines' signature appears on Region 5 letterhead on this letter.
“The release of a complaint for investigation does not in any way imply that OCR has rendered a determination on the merits of the complaint,” the letter said.
Benedict, 16, died after an argument in the school bathroom one day. The reason for the fight remains unclear, but some claim it has something to do with Benedict's non-binary gender identity.
“The Nex family, community, and Oklahoma's broader 2SLGBTQI+ (two-spirit, lesbian, gay, bisexual, transgender, queer or questioning, intersex+) community are committed to their We are still waiting for answers following this tragic loss.” “We are grateful that the Department of Education responded to our complaint and opened an investigation. We hope that Nex will receive justice and that all students at Owasso High School and all Oklahoma schools will be protected from bullying. The Department of Education needs to act urgently on harassment and discrimination.”
A Human Rights Campaign letter to the Office of Civil Rights said Benedict had been “brutally beaten,” but police said a preliminary autopsy ruled out trauma as the cause of death. It is said that
In a videotaped interview with a court official, Benedict, who used gender-neutral pronouns, said she lost consciousness during the fight. The boy was then taken to a hospital where he was examined, questioned by a judicial officer and released.
Owasso police detectives are continuing to investigate details and evidence related to the Feb. 7 altercation, and a formal autopsy report from the state medical examiner's office has not yet been submitted.
The Human Rights Campaign has also asked the Justice Department to investigate.