HENDERSON, Texas - An east Texas high school senior who reported being raped on campus by a fellow student in 2010 was wronged when she was punished alongside her alleged attacker, according to a finding this week by the U.S. Department of Education's Office for Civil Rights.
The decision clears the academic record of Rachel Bradshaw and orders the Henderson Independent School District to revise its discrimination and harassment policies, as well as providing staff training on federal Title IX policies.
Bradshaw, now 19, says she's overwhelmed and relieved by the move.
"Justice is being put into place, and I'm feeling like an actual person who has rights. Hopefully it will get across to other districts, and hopefully they can benefit from it and it can help at least one person."
Bradshaw spent three months in a disciplinary school, where she had to face her alleged attacker daily. The American Civil Liberties Union intervened, allowing her to return to her regular classes and school activities.
This week marks the 40th anniversary of Title IX, which mandates that all students have equal access to educational opportunities. ACLU of Texas attorney Stephanie Bauman says Bradshaw was deprived of this equality when Henderson administrators incorrectly determined that she had engaged in consensual sex.
"Their response to this report of sexual assault was completely inappropriate. I think that is the problem that a lot of school districts have. They just don't understand how to respond and how to make sure that students are protected."
She says Henderson's Title IX coordinator should have informed Bradshaw's family that they had a right to file a Title IX complaint. Bauman says Henderson High isn't the only school to implement Title IX incorrectly, so the ACLU sent letters to all Texas districts reminding them of federal requirements.
While most people think of sports when they hear "Title IX," Bauman says, the policy is more sweeping.
"It guarantees access to educational opportunities, so that sexual violence or gender-based harassment does not prevent a student from getting the opportunity that they deserve."
She says this week's decision shows that Title IX remains effective, but the Bradshaw case reveals persistent blind spots when it comes to gender attitudes and the complexity of victimhood. One rationale school officials gave for not believing Bradshaw's story was that she did not weep while reporting the assault.
"There is a lot of work to do in terms of understanding, when these things happen, what sort of effect they have on the victims, and how we expect those victims to act, and how that actually revictimizes them."
Bradshaw says she still plans to pursue charges against the man who she says assaulted her.
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The American Civil Liberties Union of Texas says it is monitoring protests at college campuses, after almost 60 students protesting the Israeli-Palestinian conflict were arrested during a demonstration at the University of Texas in Austin.
State troopers on horses and in riot gear were called in to control the crowd. ACLU Staff Attorney Brian Klosterboer said students planning to participate in peaceful protests should know their rights.
"We encourage everyone to follow the guidance of law enforcement even if they believe that law enforcement might be violating their First Amendment or constitutional rights," said Klosterboer. "It's important that people try to stay safe. Remember, they also have a right to remain silent. You can ask if you are free to leave."
Charges were dropped against the protesters in Austin. Students also held a sit-in at the University of Texas in Dallas and a walkout was held at the University of Texas in Arlington.
Following the arrests of the protesters, Texas Gov. Greg Abbott said on the social media platform X that the students belonged in jail, and accused them of hate speech.
Klosterboer said when state officials attack free speech, they undermine the core of democracy.
"Texas public universities were specifically designated by Gov. Abbott as traditional public forums," said Klosterboer. "That's where students and others who are engaging in any kind of speech, whether it's passing out Bibles and religious literature or engaging in protests for human rights. That's where free speech is at its apex."
He added that if someone feels their civil liberties have been violated, they can file a complaint on the ACLU website.
The demonstrations in Texas are part of nationwide protests calling for a ceasefire between the Israeli forces and Hamas.
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The Montana chapter of the American Civil Liberties Union has filed class-action lawsuit challenging a measure barring people from listing a gender on their birth certificate other than the one they were born with.
Montana lawmakers passed Senate Bill 280 in 2021, which requires a court order to change gender on a birth certificate. A state court issued an injunction against the measure but now the state health department has put a total ban on changes to sex designations on birth certificates.
Akilah Deernose, executive director of the ACLU of Montana, called the measure part of a "concerted and unrelenting attack" on the civil rights of people who identify as transgender.
"We've previously sued on the birth certificate issue," Deernose pointed out. "Once again, we're seeing the state implement laws and rules and policies that unfairly target transgender people."
On the other side, some people argued birth certificates contain vital statistics and should be based on the facts at the time of birth. The suit awaits action in state court.
Deernose noted beyond privacy rights, the birth certificate measure has the potential to force a person to declare themselves to be someone other than who they are, based on their declared identity.
"And who they know themselves to be," Deernose observed. "That puts them at risk of discrimination and also forces them to out themselves every time they share those identity documents."
The suit also challenges a motor vehicle department policy forbidding changing sex designations on driver's licenses.
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New York state lawmakers have appointed members to the Community Commission on Reparations Remedies, created through legislation Gov. Kathy Hochul signed in 2023.
Its goal is to examine the legacy of slavery and its continuing impacts on black New Yorkers. The commission will develop a report outlining recommendations for addressing these inequities.
Linda J. Mann, co-founder of the African American Redress Network, said there is one problem facing the commission: a lack of funds.
"It is absolutely imperative that funds for these types of task force, because of the amount of research that's going into it, is an imperative," Mann emphasized.
While the bill had plenty of Democratic support, it drew the ire of Republican lawmakers.
Many areas of the country are determining how to redress past disparities Black people face. A recent report found philanthropies have received millions in funds stemming from depriving Black people of opportunities to build wealth similar to those of their white counterparts.
The New York commission will have to present its findings in 2025.
A 2021 Pew Research survey showed three-quarters of Black Americans surveyed support reparations, while only 18% of white Americans support it.
Along with the U.S., countries worldwide are navigating reparations, with Mann noting they are not always compensatory.
"We're not talking about just altering economic wellness," Mann pointed out. "There's other ways in which historical harms have led to disparities in education, in health, in housing."
Beyond New York, California is the only other state to have created a reparations commission. California's reparations task force recommended some compensatory reparations based on factors such as health harms, mass incarceration and over-policing, housing discrimination and the devaluation of African American businesses. But, it wasn't certain how much all of this would amount to.
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