Schools and universities in Nevada have a duty to protect all students from harassment, discrimination, and similar forms of mistreatment. This includes LGBTQ+ students.
Unfortunately, studies and surveys indicate that schools don't always protect these students adequately. Research shows that “the vast majority” of LGBTQ+ students in Nevada report hearing anti-LGBTQ+ remarks in school settings, with 15% of LGBTQ+ students reporting hearing homophobic remarks from school staff. In addition, 39% of Nevada LGBTQ+ students report having heard school staff make negative remarks about someone else's gender expression.
Are you an LGBTQ+ student attending school at any level in Nevada? Do you believe you've been the victim of mistreatment?
Taking legal action can help you protect both your own rights and those of other LGBTQ+ students in the state. At the Lento Law Firm, our Education Law Team can go over the details of your case and determine whether legal action is warranted. For more information about how we can help, submit your info through our online contact form or call our offices at 888-535-3686.
Common Issues LGBTQ+ Students Face in Nevada
LGBTQ+ students may be more likely to face certain difficulties than their peers. Additionally, they may face challenges unique to their circumstances.
Common difficulties facing LGBTQ+ students in Nevada include:
Harassment
Research indicates approximately 86.3% of LGBTQ+ students have experienced some form of harassment due to their sexual orientation, gender identity, or other such factor.
Harassment is a general term for various forms of mistreatment LGBTQ+ students may be subject to. Some forms of harassment that may be familiar to LGBTQ+ students include:
- Being the target of gossip or slurs related to their identity or sexual orientation
- Experiencing unwanted or inappropriate physical contact
- Being targeted for harassment via social media
Schools at every level have a responsibility to protect LGBTQ+ students from such mistreatment. If a school has failed to protect you as it should, you may have grounds to take legal action.
Discrimination
Many schools and universities have official policies prohibiting discrimination against LGBTQ+ students. Along with their own rules, these institutions must also abide by the various laws protecting LGBTQ+ students from discrimination.
Unfortunately, this doesn't mean discrimination against LGBTQ+ students never happens. Like bullying and harassment, it can also take a range of forms. Common examples include:
- Excluding discussion of LGBTQ+ issues or topics from course materials, even when discussion of such topics would be relevant to a course
- Not allowing students to participate in certain extracurricular activities due to their LGBTQ+ status
- Not allowing LGBTQ+ students to exercise certain rights (such as the right to demonstrate on campus) that may be available to other students
Essentially, discrimination against LGBTQ+ students occurs when such students are subject to negative treatment that others may not be subject to. If a school treats some students one way but treats LGBTQ+ students differently, discrimination may be occurring.
Discrimination can have many consequences for LGBTQ+ students in Nevada. Researchers have found that LGBTQ+ students who face discrimination may be more likely than others to struggle academically. In addition, some LGBTQ+ students will skip school entirely to avoid being the targets of discrimination.
Lack of Resources
Resources that support LGBTQ+ students can range from the presence of “out” faculty members to the presence of on-campus student alliances. However, depending on where they attend school in Nevada, some LGBTQ+ students may find that their schools fail to provide them with the resources they need to thrive.
Whether a lack of resources justifies legal action can depend on several factors. For example, the lack of any student groups or activities that serve primarily to support LGBTQ+ students doesn't always mean a school isn't putting forth an effort to support these students appropriately. It could simply mean no one has organized such groups yet.
However, some schools may ban or discourage these types of groups. Or, they might fail to address the matter when LGBTQ+ students face discrimination properly.
It's not always clear when you have a case against a school in Nevada that may have failed to serve its LGBTQ+ students adequately. The Lento Law Firm's Education Law Team can review the details of your case and help you better understand your potential options.
Understanding Your Rights as an LGBTQ+ Student in Nevada
It's important to know your rights as an LGBTQ+ student in Nevada. When you're familiar with your rights, you may better identify instances in which they're being violated.
Various laws and policies outline what these rights are. They include the following:
Assembly Bill (AB) 261
The Nevada state legislature passed AB 261 in 2021. This bill establishes curriculum standards requiring public K-12 schools throughout Nevada to address the contributions and experiences of marginalized groups when doing so is appropriate or relevant to a course topic.
If you're an LGBTQ+ K-12 public school student in Nevada, you have a right to see your identity and community recognized in your school curriculum. Strongly consider meeting with our Education Law Team at the Lento Law Firm if you believe a school hasn't taken steps to fulfill the requirements of this law.
Title IX
Title IX is a federal law protecting the rights of LGBTQ+ students (along with students belonging to other potentially marginalized groups) in various ways. If a school receives federal funding of any kind, Title IX prohibits it from engaging in sex discrimination.
School Policies and Inclusion Statements
Schools may have their own policies and inclusion statements that expand on or clarify the protections state and federal laws already offer to LGBTQ+ students. Even if an educational institution hasn't technically violated a law, a student may still have a valid case against a school if they can show the school violated its own policies.
Contact the Lento Law Firm Education Law Team for Help With LGBTQ+ Student Issues in Nevada
Your rights aren't flexible. No violation of your rights as an LGBTQ+ student is acceptable. If you think a school in Nevada has violated your rights, discuss your case with legal professionals to find out what you can do to hold the institution accountable.
The Lento Law Firm's Education Law Team offers representation to LGBTQ+ students throughout Nevada. We handle cases involving discrimination at every education level. Learn more by contacting us through our online form or calling our offices at 888-535-3686 today.
