LGBT and Allied Youth Responses to Cyberbullying: Policy Implications

Jamie Nabozny, a student in Ashland, Wisconsin, was continually harassed and physically assaulted by his peers throughout middle and high school because he was gay. Students urinated on him, pretended to rape him during class, and when they found him alone, kicked him so many times in the stomach that he required surgery. Jamie reported that even school administrators themselves mocked him. Although Jamie’s parents continually informed administrators about the abuse, officials said at one point that Jamie should expect such treatment by his peers because he is gay. Jamie attempted suicide several times, dropped out of school, and ran away from home. With the loving support of his parents, he gained the strength to help ensure that other students did not undergo the same kind of nightmare he experienced. When officials failed to take action to address the problem, the Nabozny family filed suit against several school officials and the District pursuant to 42 U.S.C. Section 1983 alleging, among other things, that the defendants: 1) violated his Fourteenth Amendment1 right to equal protection by discriminating against him based on his gender expression; 2) violated his Fourteenth Amendment right to equal protection by discriminating against him based on his sexual orientation; 3) violated his Fourteenth Amendment right to due process by exacerbating the risk that he would be harmed by other students; and, 4) violated his Fourteenth Amendment right to due process by encouraging an environment in which he would be harmed. When Jamie initially sued his former school, a trial court dismissed his lawsuit. Lambda Legal, a Lesbian, Gay, Bisexual, Transgender (LGBT) legal rights