Niobrara Public Schools, Student Reach Settlement After Alleged Teacher-Student Altercation

From Nebraska Examiner:

By Zach Wendling

April 21, 2023

LINCOLN — A settlement has been reached in a lawsuit alleging a Niobrara High School teacher struck a student in the face while trying to remove him from a school dance.

The ACLU of Nebraska, which was representing the student, said Friday the case has been dismissed. The student, who is Indigenous, was seeking redress and compensation for assault, battery and intentional infliction of emotional distress.

The ACLU said the teacher was serving as a chaperone at a dance in February 2020 and struck the student in the face while trying to “forcibly remove” him from the dance.

All parties reached an agreement recently, with the district agreeing to pay monetary damages in exchange for the student (identified as L.D. in the lawsuit) closing the case. The settlement details will not be made public.

L.D.’s mother said in a statement that “school should be built on trust and safety, not violence and harm.”

“Although I am saddened that this happened to my son, I am grateful for the opportunity to advocate for other students in the hope that no mother’s child ever has to go through this again,” L.D.’s mother said in a statement. “This settlement is a step toward ensuring students are treated with the respect they deserve in schools.”

An official with Niobrara Public Schools could not be reached for comment Friday afternoon.

The ACLU said the defense of students’ rights is a top priority and key to racial justice work, This is because Black or Indigenous students are more likely to be subjected to physical discipline or be removed from a classroom, according to the organization.

The ACLU added that while L.D. and his family are proud to have advocated for themselves, the advocacy extends to all Indigenous students.

“We are pleased that our client and his family can move on from this ordeal,” said Rose Godinez, senior legal and policy counsel at the ACLU of Nebraska. “We hope that this sends a message to all school officials that students have rights and Nebraska’s schools have a legal responsibility to create a safe environment for all students.”

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