A federal jury in Eugene has ruled in favor of a non-binary student in a discrimination case against Greater Albany Public Schools.
Attorneys for Lior Onaly-Kelsey argued that bullying happened over a number of years at Oak Grove Elementary school, that school officials were aware of it, but did not intervene, and they therefore violated the U.S. Constitution, Title IX, and Oregon law.
Lead attorney Caitlin Mitchell of Johnson, Johnson, Lucas and Middleton of Eugene said the bullying became so severe that Onaly-Kelsey was able to get an emergency transfer to Corvallis schools. Mitchell said the plaintiff, now 15, wanted to file the case when they were 11.
“Their mom supported them," said Mitchell, "but it was really coming from Lior, wanting to try and do everything they could to make sure that this didn’t happen to other kids. And the hope is, that based on this verdict and what it stands for, that the school district will change and that school will become a safer place for LGBTQ kids in that district.”
Mitchell added she thought the verdict sends a strong message to school districts across Oregon that they need to follow federal and state laws that prohibits discrimination based on gender.
Onaly-Kelsey was awarded $317,353.
Defense attorneys in the case have not responded to a request for comment.
