About one in four U.S. high school students identifies as LGBTQ+, and about 17 percent of all U.S. college students identify as LGBTQ+. While some schools and colleges have a strong inclusivity mission and offer support and resources for LGBTQ+ students, many don't. LGBTQ+ students are more likely to struggle in school with issues like bullying, harassment, discrimination, and hostile environments compared to their non-LGBTQ+ peers. When schools don't acknowledge the difficulties students face, it can lead to poor policy planning.
If you are an LGTBQ+ college student or the parent of an LGBTQ+ K-12 student, you might find the rules aren't always applied fairly by your school. It's also common for schools to lack the resources needed to support LGBTQ+ students when they're facing problems with their peers, faculty, or staff. At the Lento Law Firm, we understand how difficult your school can make things for you, and we can help. Our Education Law Team assists students nationwide, and we can provide you with the legal guidance you need to stand up for your rights. Call our offices at 888-535-3686 or submit your info via our form so we can schedule a consultation with you.
Common Issues for LGBTQ+ Students
LGBTQ+ students account for about one-quarter of all students in the U.S., and even less at college. However, they are more likely to face bullying and harassment than other students. The top issues that LGBTQ+ students face include:
- In-person or online harassment
- In-person or online bullying
- Sexual assault
- Sexual harassment
- Unjust treatment by staff
- Slurs or negative comments about LGBTQ+ people
- Lack of gender-neutral bathrooms
- Being forced to use a dead name or gender assigned at birth on official school documents
- Feeling disempowered to learn
- Slurs and negative comments you overhear from other students, teachers, or staff
- Inappropriate or unwanted physical contact
- Misinformation or ugly rumors that get disseminated on social media
- Charging transgender students with sexual misconduct for using the “wrong” bathroom
- Preventing students from joining extracurricular activities based on their gender, sex, gender identity, or sexuality
- Preventing LGBTQ+ from demonstrating or renting meeting space on campus
- Banning student groups or activities that have a pro-LGBTQ+ mission
- No administrative support for students experiencing harassment, bullying, or discrimination
- Lack of training for faculty and staff on matters related to LGBTQ+ students
These problems contribute significantly to mental issues among LGBTQ+ students of all ages, such as:
- Depression
- Bipolar depress
- PTSD
- Anxiety
- Eating disorders
- Suicidal thoughts
- Self-injury
Hostile Environments
A hostile environment is when bullying or harassment is so significant that it becomes difficult or uncomfortable for the student to do their schoolwork or participate in school activities. LGBTQ+ students who face some of the above examples of harassment or discrimination may end up in a hostile environment at school or on campus. Trying to keep up with coursework is extremely difficult in a hostile environment, and no student should be reasonably expected to keep up their grades in such a situation.
When you have to deal with these kinds of issues, attending school can be a nightmare. Unfortunately, many incidents that happen between students or even between students and teachers go unnoticed or unreported, and administrators can't or don't take action. It's also common for LGBTQ+ students to feel unsafe reporting to school officials because they fear that the school official won't do anything about it or other students might find out and make the harassment even worse.
Your Rights as an LGBTQ+ Student
As a student at a public education institution, you are guaranteed certain rights by federal and state law. You should educate yourself on these laws so you know how to stand up for yourself when you experience harassment, bullying, or discrimination.
Title IX
Title IX is a federal law that guarantees equal treatment for all students. It applies to K-12 schools and higher education institutions. Your school cannot prevent you from attending classes, participating in school-sponsored activities, or treat you differently because you are LGBTQ+.
School DEI Statements
Many colleges and universities have diversity, equity, and inclusion (DEI) statements. For K-12 schools, you can sometimes find DEI statements from the school board or even from individual schools. You can use these policies to defend yourself and give legitimacy to your request for equal treatment from your school.
Ohio State Law
Ohio state law protects students from discrimination on the basis of sex, pregnancy, gender, gender identity or expression, and sexual orientation, amongst other things. The law prohibits the following:
- Discrimination
- Harassment
- Sexual misconduct
- Retaliation
If you engage the Lento Law Firm, our attorneys can comb through state laws and regulations to help create a strong case for you against your school.
How an Education Law Attorney Can Help LGBTQ+ Students
Facing LGBTQ+ issues in your school can leave you feeling frustrated, overwhelmed, or fearful. It's crucial to approach these situations correctly if you want a favorable outcome. Even a minor mistake could complicate your circumstances further.
Having an Education Law attorney from the Lento Law Firm by your side can provide you with the guidance needed to navigate these challenges effectively. We help LGBTQ+ students in Ohio and across the country deal with their schools, and we recommend the most appropriate course of action. Our attorneys can identify applicable school policies, state laws, and federal regulations relevant to your case. We can also prepare you for any discussions with school officials.
Contact the Lento Law Firm's Education Law Team
If you're an LGBTQ+ student having a hard time with your school, our team can help you stand up for your rights. Call us today at 888-535-3686 or fill out our contact form, and one of our team members will get back to you.
