Nex Benedict: Investigation reveals Owasso 'deliberately indifferent' to student rights

A U.S. Department of Education investigation that began after the death of Nex Benedict found that Owasso Public Schools has repeatedly failed to address sexual harassment, resulting in a culture of deliberate indifference to students' civil rights.

The Tulsa-area school district came under scrutiny after 16-year-old Nex Benedict died in February. The Owasso High School sophomore died the day after a fight with other students in a school bathroom, raising questions about whether they were bullied or targeted because of their gender identity. Benedict, a descendant of the Choctaw Nation, used the pronouns he, him, they and them.

Widespread speculation about the fight was tempered when an autopsy revealed the cause of death as suicide . The next day, President Joe Biden called on the country to do a better job of protecting children from harassment and bullying.

More: President Biden on Nex Benedict's death: 'No one should face the bullying that Nex did'

The U.S. Department of Education's Office of Civil Rights identified repeated instances, over a three-year period, where Owasso Public Schools staff members were told of possible sexual harassment against children but either did not respond adequately or did not respond at all. The district handled reports of sexual harassment of students "informally and inadequately."

The lack of action "rose to the level that the district's response to some families' sexual harassment reports was deliberately indifferent to students' civil rights," the department said on Wednesday.

Along with the incident involving Benedict, who was not identified by name in the report, the Education Department uncovered other violations of Title IX's protections against harassment:

A teacher groomed female students on social media, sending messages describing their physical appearance and requesting photographs. Although the teacher resigned and is not eligible for rehire, the district did not offer supportive measures to students affected by the teacher's conduct.

A "very young elementary school student" was subjected to repeated harassing remarks described as sexual in nature, and referring to acts of sodomy.

A male student repeatedly hit and made unwelcome sexual comments to a sixth-grade female student at school and on a school bus. The child's parent wrote to the school "I have called the vice principal on him several times and nothing is ever done."

Multiple students reported sex-based slurs, harassment and physical assault.

More: Read the U.S. Department of Education's letter to Owasso Public Schools (PDF)

Sexual harassment prohibited under the department's Title IX regulation includes unwelcome conduct on the basis of sex "determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient's education program or activity." The department's Office of Civil Rights (OCR) determined that Owasso schools have a practice of handling reports of sexual harassment of students informally and inadequately.

As part of the resolution agreement between the Education Department and Owasso Public Schools, the school will meet individually with affected students and parents to discuss how to file a formal Title IX complaint. The school district must also issue a public anti-harassment statement by February 15.

The district also agreed to review nondiscrimination and grievance policies, provide training to staff and students about harassment and Title IX protections, conduct a survey of of staff and students by April 1, and review all complaints of alleged sexual harassment made between 2021 and 2024.

Owasso told OCR that it conducted two Title IX investigations in the past three years. One incident involved a parent's complaint against a coach based on discussions the coach had with students. The topic of those discussions was redacted in the OCR report and the district superintendent ultimately decided that sexual harassment did not occur.

The other Owasso-led investigation reviewed a complaint that one student repeatedly used sexually harassing language, including offensive slang terms for gay people, toward another student. That investigation also reached the conclusion that anti-harassment policies weren't violated. The student on the receiving end of those remarks was moved to a different class, while the other student received a suspension.

The OCR inquiry found 60 reports in the school's "Stop Bullying" reporting system between 2021 and 2024. They found that 24 of those could constitute sexual harassment.

(This story has been updated to add new information).