Fourth Circuit Finds New Cause of Action Against Schools Under Title VI

Introduction:

In a landmark decision, the Fourth Circuit Court of Appeals ruled in favor of Davina Ricketts, a Black high school student who brought claims under Title VI of the Civil Rights Act and Section 1983 of the Civil Rights Act. The case, Ricketts v. Wake County Public School System (WCPSS), highlights critical issues of racial discrimination, student-on-student harassment, and school district liability for failing to address these injustices.

Davina’s Allegations: 

Davina, a high school sophomore, decided to run for student council to address the lack of diversity within student leadership. Davina claims in her lawsuit that her campaign was met with racial harassment, cyberbullying, and discriminatory actions that included the destruction of campaign materials and the exclusion of her name from the election ballot. Despite repeated complaints, school administrators failed to take appropriate action.

Key Legal Issues and Court Decision:

Davina initially filed suit pro se against the Wake County Public School System and various school officials, alleging that the district’s inaction violated Title VI, which prohibits racial discrimination in federally funded institutions. The district court dismissed her complaint, but the Fourth Circuit reversed and remanded the decision, holding that:

• • Title VI allows claims for student-on-student racial harassment when schools act with deliberate indifference.

• • Davina sufficiently alleged that school administrators had knowledge of the harassment and failed to take action.

• • The school district’s failure to address the discrimination constituted a potential violation of the Equal Protection Clause under Section 1983.

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  • The exclusion of Davina’s name from the student council ballot and subsequent retaliation constituted a valid claim of discrimination and retaliation under federal law.

What This Means for Students and Families 

This ruling is a significant step forward in holding schools accountable for protecting students from racial discrimination and harassment. It sets a precedent that schools cannot ignore serious allegations of bias and must take proactive measures to ensure all students have equal opportunities in educational settings.

How We Can Help 

If your child has faced discrimination, harassment, or retaliation in an educational setting, you may have legal recourse. At Friedman Fisher Verity, we are dedicated to fighting for students’ rights and ensuring that schools fulfill their duty to provide a safe, inclusive environment for all students.

Contact Us Today 

If you or someone you know is facing discrimination in a school setting, don’t hesitate to reach out. For a free consultation, contact our office at 804-602-7388 or email Scott Fisher ([email protected]) and Clint Verity ([email protected]). Let us help you seek justice and protect your child’s rights.