Judge: District showed 'deliberate indifference' to racial harassment

Judge: District showed 'deliberate indifference' to racial harassment »Play Video
MERCER ISLAND, Wash. -- The state Office of Administrative Hearings has ruled against the Mercer Island School District in its handling of a racial harassment complaint.

The incident occurred at Island Middle School last year when racially-charged remarks were made to a seventh grader.

"(My son) said he was told to 'shut up, you stupid black...,"' said mother Robin Wilt. "This child had used the word 'brownie' to describe my son, and so there were racial slurs involved."

But it wasn't so much the words that angered parents Robin and Nick Wilt, but rather the way the district handled the situation.

"It's more the district's unwillingness to take the allegations seriously," said Nick.

"At no point did they acknowledge that a discriminatory harassment had occurred, that there was malfeasance on their part," said Nick.

The aggressor student was allowed to stay in the class. And complicating matters is the fact that the Wilts' son suffers from Asperger's syndrome.

After a year-long process, the Office of Administrative Hearings ruled that the Mercer Island School District had violated the state's non-discrimination statutes. The OAH pointed out "deliberate indifference" by the district, and said their response to the incidents were "inadequate."

Superintendent Dr. Gary Plano did not want to comment, but did issue a written statement.

"The district respectfully disagrees with the administrative law judge's determination," the statement said. "The teachers and administrators took immediate action to address the situation. The district is reviewing whether to appeal the decision."

"We were hoping that at some point they would say, 'Hey, we want to talk to you. We want to resolve this. What wold make you happy?"' said Robin.

The Wilts said the district fought them every step of the way in the past year, which they described as one of frustration and anger. As a result, they decided to file a lawsuit.

"We do intend to seek monetary damages in Superior Court," said Robin.

The administrative law judge in the case is asking the district to provide more non-discrimination training for principals and vice-principals.

As a result of the Wilts' case, the district has already changed and updated its policy on non-discrimination.