School sued after telling a students parents that student is a lesbian

[JennyMominRI]

Judge Rules Lesbian Student Can Sue School

SANTA ANA, Calif. (Dec. 2) - A federal judge ruled that a lesbian student can sue an Orange County school district and her principal for revealing her homosexuality to her mother.


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Charlene Nguon, 17, may go forward with her suit claiming violation of privacy rights, U.S. District Judge James V. Selna ruled in a decision dated Nov. 28 and announced Thursday by the American Civil Liberties Union of Southern California.

The Garden Grove Unified School District had sought dismissal of a portion of the suit, arguing that Nguon openly kissed and hugged her girlfriend on campus and thus had no expectation of privacy.

However, Selna ruled that Nguon had "sufficiently alleged a legally protected privacy interest in information about her sexual orientation."

No trial date was set.

"This is the first court ruling we're aware of where a judge has recognized that a student has a right not to have her sexual orientation disclosed to her parents, even if she is out of the closet at school," said Christine Sun, an ACLU attorney who brought the case on behalf of Nguon and the Gay-Straight Alliance Network.

"Coming out is a very serious decision that should not be taken away from anyone, and disclosure can cause a lot of harm to students who live in an unsupportive home," Sun said.

Nguon sued after Santiago High School Principal Ben Wolf told her mother about her sexuality last year.

"It's a really good thing for the case and for other students," Nguon said of the ruling.

"Our family is really happy that the judge agreed Charlene can continue to stand up for her rights," her mother, Crystal Chhun, said in a written statement. "The person to decide when and how to talk with our family about this should have been my daughter, not her principal."

District officials have declined to comment on the suit.

The suit also claims discrimination, contending that Nguon was suspended several times because she ignored orders by Wolf to stop hugging and kissing her girlfriend.

Heterosexual couples engaging in similar behavior weren't disciplined, the suit contends.

The suit seeks unspecified damages, an admission that the district violated Nguon's civil rights and a policy change preventing officials from revealing a student's sexual orientation.


12/02/05 14:14 EST

 

[Rock'n Robin]

I'm sorry, but I vote for the school on this one. As a HS teacher, if I have a student causing trouble by making out with a boy, girl, or sheep, when I discuss that behavior with the parent that misbehavior will come out. And try proving that "everyone else" is allowed to make out. NO ONE is allowed to make out--maybe they are not seen, but if they are seen, someone will say something. And if the girl is told NOT to do something, she can't go ahead and do it just because she is a lesbian. If a straight couple was told to stop making out and continued to do so, they would also be in trouble. I hope she loses the case. Can you imagine the discipline nightmare if a court says it's OK for ANY couple to make out in school?
Robin M.

 

[ashjohnson80]

why couldn't they just repremand the student and punish her for public display of affection without telling the parents who she was making out with, that should have been the girl's choice when to tell her parents.

 

[JennyMominRI]

I'm sorry, but I vote for the school on this one. As a HS teacher, if I have a student causing trouble by making out with a boy, girl, or sheep, when I discuss that behavior with the parent that misbehavior will come out. And try proving that "everyone else" is allowed to make out. NO ONE is allowed to make out--maybe they are not seen, but if they are seen, someone will say something. And if the girl is told NOT to do something, she can't go ahead and do it just because she is a lesbian. If a straight couple was told to stop making out and continued to do so, they would also be in trouble. I hope she loses the case. Can you imagine the discipline nightmare if a court says it's OK for ANY couple to make out in school?
Robin M.

Why cou;dn't the school just say she was making out with another student? I see your point though and had not thought about it..You have a very different perspective from me,as you are a HS teacher..
She absolutely should be punished if she is breaking rules

 

[Crankyshank]

There is absolutely no reason why the school needed to divulge to the parents who the student was caught with. If it were a boy she were making out with I hardly believe the school would call the parents and say "Mr and Mrs So and So, you're daughter Jane was caught making out in the hallway with a boy!".

I don't even know why the parents were told what the offense was in the first place. In most schools I know of, the kids would have been reprimanded. The parents wouldn't be involved unless it was something that warranted a suspension. A hug and a kiss doesn't warrant that at all.

 

[Chicago526]

Is it possible that the school thought the parents knew? If she was "out" in school maybe they just (wrongly) assumed the parents knew. And if she was out at school, how could the student really think that her parents wouldn't find out eventually anyway? If a friend of the girl told her parents, would she now be sueing the friend? If she had told a teacher or other school official in confidence (and no one else in the school knew), and they went ahead and told the parents, that would be differant.

Now, if she was told to stop fooling around with her girlfriend, and other hetero students are not so disaplined, THAT I can see as grounds to sue. That's just wrong.

 

[Lisa loves Pooh]

Don't parents have the right to know with whom their children are relating with at school. IF it was a fight--the students are entitled to know all parties involved, aren't they? So if it is PDA--same difference.

And the student is a minor--so unless she is emancipated...her parents are entitled to know what's going on at the school. So if a rule is broken and some disciplinary action is implemented--the parents are entitled to be notified of what the student did. A properly written report wouldn't flat out say she is a lesbian.

Now she does have a point that she should be ratted out for her sexuality perhaps just by itself--but once she breaks school rules--parents are entitled to the details of the infraction. And if the result reveals a secret--well then the student should be more "private" than out in public at school. (I hope that makes sense!).

 

[icebrat001]

As a lesbian myself, I can understand the school telling the parents she broke policy by making out or whatever, but disclosing her sexuality what not their place.

Homosexuality and coming out to friends and family is a MAJOR issue, and it needs to come direct from that person, not from someone else.

Heck, I told my parents when I was 16 and they grounded me until the day I graduated high school and then kicked me out that very night! Since then, my entire family has turned their backs on me and I have no one but my friends, and SO, and of course the DIS.

So, all in all, I wouldn't wish my experience on ANYONE and that could've happened with them outing her like that. They were out of place!

 

[swilphil]

I was a high school teacher and never heard of a student getting suspended for hugging and kissing, as long as both parties consented. Yes, the students would be told to stop, but that's as far as it would go. Frankly, I always hated doing even that, not because I thought it was okay to do. I just found it a little embarrassing to approach people making out.

Why would you suspend the students anyway? If they are making out at school, just think what they would be doing at home with no supervision!

 

[Lisa loves Pooh]

I just think that if she wins--aside from the making out at school thing that Rock N Robin pointed out...

I'm not sure how much privacy kids are entitled to legally from their parents. I mean there are obvious things where there privacy is important and then there are other matters. If I'm paying the bills, I'm providing the shelter....I would think that for a parent specifically--they have the rights to their children. How much privacy will kids be permitted under the law. (Being able to keep grades private for example...and other stuff--but that is what is specific to schools, so that is why I mentioned that one).

 

[Beth76]

The story doesn't say whether the principal just mentioned it (assumming the mother already knew) of if he intended to purposely "out" the student. IMO, since she was obviously out at school, then she doesn't really have a case. How would the principal know if the mother knew or not?

 

[Crankyshank]

Divulging a child's sexuality to the parents without knowing the family situation or knowing if the child has come out to his/her parents put the child's safety at risk.

 

[SunFloridaDisney]

Now, if she was told to stop fooling around with her girlfriend, and other hetero students are not so disaplined, THAT I can see as grounds to sue. That's just wrong.

ITA. I have a DS in high school, and if he does something wrong, I expect I'll be informed. But for them to be telling me something personal that my child should discuss with me himself, I would feel very uncomfortable.

 

[SunFloridaDisney]

Divulging a child's sexuality to the parents without knowing the family situation or knowing if the child has come out to his/her parents put the child's safety at risk.

Good point.

 

[sodaseller]

Bend it like Beckham!

 

[Beth76]

Divulging a child's sexuality to the parents without knowing the family situation or knowing if the child has come out to his/her parents put the child's safety at risk.

I'm sorry, but if the kid is out at school, I would think people could assume she's out at home. That's just silly if you think you can have this "other life" publicly at school without your parents ever finding out. That's why I need more info on how the "beans were spilled". Maybe the principal just said "your daughter was making out with her girlfriend", just as he would say "your son was making out with his girlfriend" about a hetero. couple.

 

[Marseeya]

While I'd want to know what my child was being suspended for (making out with another student), I'd be very upset to find out from the school that it was a homosexual encounter. That information should come from my child and not the school, no matter what the reason he/she is uncomfortable in telling me (hopefully mine wouldn't be, but you never know with kids).

When I was in high school, I got in trouble twice for PDAs, but they never told my parents. By that age, if kids are otherwise decently behaved, do the parents have to know every little thing? I want to be told something significant that happens to my kids, but they don't need to tell me he's been smooching with his girlfriend or running in the hallway.

 

[Crankyshank]

I'm sorry, but if the kid is out at school, I would think people could assume she's out at home. That's just silly if you think you can have this "other life" publicly at school without your parents ever finding out. That's why I need more info on how the "beans were spilled". Maybe the principal just said "your daughter was making out with her girlfriend", just as he would say "your son was making out with his girlfriend" about a hetero. couple.

Not silly at all. I have many gay friends that were out at school and didn't come out to their parents until after college. one of them is in his 30's and still hasn't come out to his parents.
I still don't understand why a parent needs to be told their child was reprimanded for PDA.

 

[Beth76]

While I'd want to know what my child was being suspended for (making out with another student), I'd be very upset to find out from the school that it was a homosexual encounter. That information should come from my child and not the school, no matter what the reason he/she is uncomfortable in telling me (hopefully mine wouldn't be, but you never know with kids).

Yeah, but shouldn't that be a problem between you and your child? What if it was your child's friend that "let it slip", would you sue the friend?

 

[Rock'n Robin]

According to the article her suspensions were for ignoring the administrations' requests to stop the hugging and kissing in the halls. That is more insubordination than anything else. Students who break most rules after being told not to do so will be punished as well. We have no idea whether or not this school punishes heterosexual couples in the same way. I would expect that if a boy-girl couple is told to stop, and does not, they would also be suspended. If repeated complaints are made about the same couple (any couple) something will be done.
I see the argument that if the child is "out" in school, the principal had no idea she was not out at home as well. I will never understand the concept and don't pretend to, but if someone was afraid to be outed at home, why would they be blatant at school? Wouldn't a neighbor, or someone else's mom, or whatever spill the beans eventually?
Robin M.