While attending high school is centered around academic performance and preparing students for college, civil service, or the workforce, there are many aspects that influence adolescent life outside scholastic achievement. Students must integrate into a world with bigger responsibilities as they maintain an institution's standards, all the while facing social pressures. For LGBTQ+ high school students, the burdens can be greater.
A more accepting society has made it easier for many LGBTQ+ high school students to express their sexual orientation and gender identity openly on campus, as compared to the recent past. But this does not imply that the road to graduation is entirely free of obstacles.
LGBTQ+ high school students still face a multitude of complexities as they try to find their way through their educational and social landscapes. These can range from deciding whether to outwardly express their identities to their peers like anyone else, figuring out how to react to negative or malicious comments, dealing with being perceived as non-conformist, and managing situations of bullying and harassment, among others. Particularly for students who identify as transgender or non-binary, the ongoing challenges are significant and persistent. They must navigate various campus situations, often with considerable stress and anxiety. Decisions they make could potentially invite alienation, mockery, aggression, or even institutional discrimination.
However, it's important to note that while LGBTQ+ high school students face crippling instances of mistreatment and prejudice, given the pronounced political nature of gender issues, it can be used as a tactic for personal gain, further endangering accusers and the accused. Therefore, to ensure the rights of all students are protected and that each is given a fair chance to tell their story, it's important to know the issues LGBTQ+ students face.
LGBTQ+ High School Student Issues
High school is a turbulent time for all students. Academic pressures alone, students face everything from standardized tests and quarterly exams to long-term group projects and gaining eligibility for college scholarships. For some LGBTQ+ high school students, though, academics are the least of their concerns.
According to the GLSEN (Gay, Lesbian and Straight Education Network) National School Climate Survey, the following are the most common issues LGBTQ+ high school students face:
- Bullying and harassment
- Decreased feelings of self-worth
- Discrimination from students or school staff members
- Hostile educational environments
- Lack of adequate resources for success
- Increased chances of being disciplined
- Mental health struggles
When faced with such consequences, students can feel unsafe when attending class. School administrators may work to intervene and maintain order, but many instances can go unnoticed or even be brushed off. But even if a student feels isolated, they always have an opportunity for defense.
The Lento Law Firm's Student Defense Team understands the issues LGBTQ+ high school students face. While society has become more accepting of divergent lifestyles, it doesn't mean adolescents never run into trouble with their freedom of self-expression. Schools are institutions of education and not administrators of the law. Consequently, students shouldn't rely on officials to perfectly identify, investigate, carry out corrective action, or understand the nuances of any given situation.
If you or someone you love has been affected by the social consequences of LGBTQ+ issues or a school's reaction to them, call 888-535-3686 to reach the Lento Law Firm Education Law Team or reach out online now. Your academic future and reputation depend on it.
Bullying and Harassment
Arguably, the most publicized issue, bullying, and harassment, is an unfortunate yet common experience for many LGBTQ+ high school students. The above study indicated that nearly 60 percent of all LGBTQ+ students felt unsafe at school because of their sexual orientation. A further 45 percent felt unsafe due to their gender expression.
Bullying and harassment can take on many forms. Nevertheless, it can be narrowed to that which causes physical harm or mental duress to another student or a group of them carried out verbally, physically, or electronically. Most schools will intervene when instances of bullying and harassment arise when it creates a hostile environment for students or disrupts the operation of the school.
Some examples of bullying and harassment that an LGBTQ+ high school student may face include:
- Aggressive speech or words directed to or referencing a student's or group of students' sexual orientation or gender identity
- Persistent use of abusive or insulting jokes
- Inappropriate or unwanted physical contact
- Circulating photos, videos, or text through social media targeting one's gender identity or sexual orientation
- Dissemination of student misinformation or rumors
Bullying not only threatens the mental and physical safety of LGBTQ+ high school students, but it also infringes upon their right to an education. Yet, peers aren't the only ones that may create a hostile school environment; sometimes, it's the institution itself.
Discrimination
LGBTQ+ high school students may face discrimination from their schools in several ways, often due to out-of-date institutional policies, a general lack of awareness, or a failure to create an inclusive environment. While many schools have anti-bullying policies, these may not explicitly cover or effectively address instances of harassment based on sexual orientation or gender identity. After all, it was only a recent political push that sought to include the nature of sexual orientation and gender identity into protections under the U.S. Department of Education's Office of Civil Rights (OCR).
While the federal government is working to ensure schools protect LGBTQ+ students, some institutions may continue to use an older interpretation of discrimination. For instance, schools may show prejudice towards LGBTQ+ high school students by remaining silent or failing to act when a hostile environment exists, turning a blind eye to inappropriate behavior or comments.
Occasionally, curricula or educational materials exclude references to LGBTQ+ identities and issues, thus making LGBTQ+ students feel invisible and marginalized. Similarly, sex education classes may only cover heteronormative relationships and completely disregard the existence and needs of LGBTQ+ high school students.
Schools may also inadvertently foster a lack of representation of LGBTQ+ individuals among staff and in leadership roles, thus giving off the appearance that the institution is uninterested in the needs of all students. Because of this, schools may lack sufficient resources, such as support groups or counseling services, that are sensitive to and trained in the needs of LGBTQ+ students. This could prevent these students from getting the help they need, socially and academically. These forms of discrimination can have harmful effects on the mental health, academic performance, and overall well-being of LGBTQ+ students of all ages.
Lack of Adequate Resources for LGBTQ+ High School Students
Safe spaces, such as Gender and Sexuality Alliances—formerly known as Gay-Straight Alliances—are student-led clubs that provide a safe and supportive environment for LGBTQ+ high school students and their allies. However, not all schools have these organizations or similar resources. This lack of safe spaces deprives LGBTQ+ students of opportunities to connect with peers who share similar experiences, discuss issues, and advocate for change within their schools.
Moreover, some states have enacted “No Promo Homo” laws that forbid or limit the discussion of LGBTQ+ issues within schools, creating a hostile environment for those falling into the category and further inhibiting the creation of safe spaces. The administration of some schools may rest on regulations of yesteryear. Despite their presumed legalities, no child can be hindered in their access to a free and fair education. Consequently, it's essential to seek professional assistance to protect their rights within the school system.
Hostile High School Climates Threaten Educational Success
LGBTQ+ high school students face real danger when they attempt to engage in their studies amidst a hostile school environment. The aforementioned study concluded some alarming statistics about LGBTQ+ high school students. After experiencing in-person victimization of gender expression or sexual orientation, the consequences to students include the following:
- Almost three times more likely to have missed school in the past month.
- Twice as likely not to pursue a college degree.
- Nearly twice as likely to be disciplined at school.
- Overall, lower self-esteem and higher levels of depression.
Of all LGBTQ+ high school students who reported that they were considering dropping out of school, 51.5 percent claimed they were doing so because of a hostile school climate. Furthermore, bullying, harassment, and discrimination have a significant measurable effect on GPAs. LGBTQ+ high school students who experienced hostile environments had an average GPA of 2.92, compared to the average 3.2 GPA for those who didn't experience anti-LGBTQ+ discrimination, the study reported.
Subsequently, the federal government is involved in the process of protecting LGBTQ+ students at all levels of education. For alleged victims of the aforementioned actions, the grievance process to identify, investigate, and sanction the accused differs from procedures managing academic or general misconduct. While schools maintain a lot of autonomy to create their own academic and behavioral code of conduct, if charges involve the sexual or gender identity of another student, institutions are guided primarily by the OCR's Title IX process.
What is Title IX?
In 1972, Congress passed legislation establishing Title IX prohibiting discrimination based on sex, expanding to encompass gender-based instances of bias and harm in the 21st century. Title IX holds publicly funded schools accountable for managing misconduct allegations that include the following:
- Bullying
- Coercion
- Dating/Domestic violence
- Gender or sex-based assault or discrimination
- Harassment
- Hazing
- Retaliation
- Sexual assault, discrimination, and exploitation
- Stalking
Each school will have a Title IX Coordinator who oversees the institution's policies, manages personnel involved in the various stages of the disciplinary process, and remains a central point of contact for all allegations and formal complaints. Despite Title IX's authoritative approach in addressing LGBTQ+ student issues, the variations in its interpretations and guidance under different presidential administrations are one of the biggest threats to student protection.
Ever-Changing Title IX Policies Affect LGBTQ+ High School Students
In 2011, the Obama Administration introduced a new set of guidelines under Title IX that were seen to support those who reported such misconduct by reducing the standard of proof required, eliminating the necessity for the accuser to be cross-examined, and expanding the interpretation of discrimination and harassment based on gender identity or sexual orientation. The intention behind these alterations was to safeguard victims; however, they were met with criticism as some believed they opened the door to unsubstantiated accusations and unwarranted punitive actions against the accused.
Fast forward a few years, and the Trump Administration rolled back these modifications, bolstering protections for the accused. Some changes included giving the accused the right to cross-examine the accuser and narrowing the definition of sexual harassment. Proponents argued that the earlier reforms allowed schools to infringe upon the rights of the accused, overlook due process, and rush into disciplinary actions.
Under the Biden Administration, there are possible further amendments to Title IX, aligning more closely to pre-Trump regulations. These proposed modifications are welcomed by many, but some are concerned that they may be biased in favor of the accuser. High school students could potentially face disciplinary actions based on groundless accusations of anti-LGBTQ+ rhetoric or harm. This perceived bias is a matter of great concern, given that allegations can have profound and enduring negative effects, impacting a student's life in high school, college, and even far into their future.
Given the numerous shifts in Title IX guidelines over the years, it's understandable that many are left puzzled about their individual rights and the obligations of schools in cases involving sexual orientation and gender identity. This ambiguity further underscores the importance of seeking counsel from an attorney-advisor experienced in dealing with Title IX proceedings central to LGBTQ+ issues.
How the Lento Law Firm Student Defense Team Can Help
If your high school student-child is subject to or accused of alleged anti-LGBTQ+ wrongdoing, the Lento Law Firm Student Defense Team is here to help. Irrespective of the situation, each student deserves the right to due process to foster truth. Our team has assisted thousands of high school students across the nation to preserve their access to education and fight for a safe school environment.
Just because your school says it will manage misconduct doesn't mean it will do so perfectly. Having an experienced, professional attorney-advisor on your side will quell any concerns that students are at risk of having their rights infringed upon. Call 888-535-3686 to reach the Lento Law Firm Student Defense Team, or reach out online now.
