The Fifth Circuit Court of Appeals affirmed the dismissal of a student’s discrimination suit against Austin Independent School District. B.W., a Caucasian, Christian, and Republican student, filed suit against AISD, alleging discrimination, harassment, and assault due to his political beliefs, religion, and race.
According to the suit, B.W. experienced bullying from both students and staff, beginning in middle school after wearing a “Make America Great Again” (MAGA) hat on a field trip in 2017. B.W. claims the abuse included verbal attacks, physical bullying, and demeaning incidents involving teachers, such as a principal sarcastically commenting on his race in front of peers. The harassment reportedly continued, culminating in a 2019 physical assault by another student.
Based on these allegations, B.W. filed claims under Section 1983 for violations of his constitutional rights, including free speech, equal protection, and due process. He also brought claims of racial discrimination under Title VI of the Civil Rights Act of 1964 and state law claims for racial and religious discrimination under Texas statutes. B.W. argued that AISD failed to protect him, exacerbated the harassment, and retaliated against him for asserting his rights.
The trial court dismissed the suit, finding insufficient allegations to proceed against the school district. B.W. did not allege that the AISD Board formally adopted policies contributing to the alleged harm. Instead, he argued that AISD had a custom of failing to enforce its anti-bullying policies, but the court found insufficient factual allegations to suggest a widespread or persistent practice indicative of a “custom.”
Similarly, B.W.’s claim of AISD’s failure to train or supervise staff also failed. To succeed, B.W. needed to demonstrate that AISD’s training policies were inadequate, that the school board was deliberately indifferent to this inadequacy, and that the failure to train directly caused his injuries. The court noted the lack of evidence showing the board’s awareness or deliberate indifference. Consequently, B.W.’s Section 1983 claims based on custom, practice, or failure to train lacked the necessary support and were dismissed.
B.W. also brought claims of racial discrimination and harassment under Title VI, alleging that harassment by students deprived him of educational opportunities and that AISD was deliberately indifferent. To succeed, B.W. needed to show that the harassment was severe, racially motivated, and met specific legal standards. AISD argued that the harassment B.W. described stemmed from political, not racial, issues, and the few racially related incidents cited were isolated and insufficiently severe or pervasive to meet Title VI requirements.
B.W. also alleged Title VI retaliation, claiming harassment occurred after filing grievances. However, the court found no evidence that other students or staff were aware of his grievances, making it impossible to establish the required causal link for retaliation. As a result, the court dismissed both the racial discrimination and retaliation claims under Title VI due to a lack of factual support. On appeal, B.W. only challenged dismissal of the Title VI claim. The Fifth Circuit Court of Appeals affirmed. B.W. v. Austin Indep. Sch. Dist., No. 22-50158, 2024 WL 4762729, at *1 (5th Cir. Nov. 13, 2024).
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