Investigation finds OPS violated Title IX prior to death of Nex Benedict

Warning: This topic discusses suicide. If you or someone you know is struggling, please reach out to the National Suicide Prevention Lifeline by calling or texting 988.

(OWASSO, Okla.) The U.S. Department of Education’s Office of Civil Rights has completed its investigation into Owasso Public Schools after a complaint was filed by the Human Rights Campaign following a student’s death earlier this year. 

16-year-old Nex Benedict was found to have committed suicide a day after they were assaulted by multiple students in an Owasso High School bathroom. 

The investigation found that OPS has not properly handled reports of sexual harassment by students in a manner that is compliant with Title IX. The violations were found to have occurred over multiple years. 

According to the investigation, OPS was non-compliant because when allegations of sexual harassment were presented district staff failed to do the following: 

- Explain the process for filing a Title IX complaint

- Discuss ways to support the student such as counseling or a schedule change

Regarding Benedict’s death, the investigative report states, “The district even failed to take these steps that the 2020 regulations to Title IX require in February 2024 after a district student died by suicide following an altercation in a restroom at Owasso High School. As a result, OCR found that the district’s pattern of inconsistent responses to reports it received of sexual harassment – infrequently responding under Title IX or not responding at all – rose to the level that the district’s response to some families’ sexual harassment reports was deliberately indifferent to students’ civil rights.”

Other reports of sexual harassment that were mishandled according to the investigation include:

- That a teacher was grooming female students on social media through sending more than 130 messages to them describing their physical appearance and requesting their photographs, among other topics,

- That a very young elementary school student was subjected to repeated harassing remarks that were described as sexual in nature,

- That a male student repeatedly hit and made unwelcome sexual comments to a female sixth grade student at school and on the school bus, and,

- That multiple students were subjected to repeated sex-based slurs, harassment, and physical assault. 

“Owasso students and their families did not receive the fair and equitable review process from their school district guaranteed to them under Title IX; at worst, some students experienced discrimination Congress has long guaranteed they shall not endure at school,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. 

In a letter to OPS parents and students this week regarding the report and the remedy agreement that was signed, Margaret Coates the OPS Superintendent stated, “While we continue to believe the original complaint made to OCR was based on inaccurate information, OPS understands the importance for the district to remain in compliance with Title IX regulations in regard to policies, procedures, training, and documentation. This voluntary resolution agreement reaffirms our dedication to fostering a non-discriminatory and harassment-free environment for all students and ensures the district will continue to receive federal funding which is critical in supporting and serving our students with disabilities, English Language learners, and economically disadvantaged students.”

Kelly Robinson, the President for the Human Rights Campaign also reacted to the investigation findings and agreement stating: “Today’s resolution agreement from the US Department of Education leaves no doubt: the Owasso School District failed Nex Benedict and many other vulnerable students under their care. The evidence shows that officials were well aware of the hostile climate in their schools, yet repeatedly chose indifference and inaction when confronted. While no accountability measure can fully heal the grief and anger that Nex’s family and this community feels, today, a message has been sent: Trans and non-binary students have worth. They and all students have rights, regardless of who is in the White House. And they deserve the same access to a quality and safe education – just like every other child in America.”

The remedy agreement commits OPS to actions including: 

- Notifying parents and students impacted by sexual harassment about the process for filing a Title IX complaint. 

- Issue a public anti-harassment and non-discrimination statement

- Train district staff and students on Title IX and its sexual harassment coverage

- Review and revise Title IX policies if necessary to ensure compliance

- Conduct a survey on sexual harassment in the district

- Review all complaints of sexual harassment that have been received in the last three years

- Audit all complaints received in the next two years

- Develop and implement a record keeping system that adequately and accurately documents and preserves all records required by Title IX

A full copy of the agreement can be found here.