ST. PAUL, MN - Minnesota Department of Human Rights issued a probable cause determination finding of illegal sexual discrimination against Hibbing School District 701 for its failure to respond to complaints from female students who were inappropriately subjected to questioning by a senior administrator about the sexual abuse they suffered.
Commissioner Kevin Lindsey will be meeting with parents and community members to answer questions regarding the case at the Hibbing Coalition for Save and Accountable School meeting starting at 6:30 p.m. on Monday, Feb. 29 at the Lincoln Elementary School Library in Hibbing.
In September 2013, The Department of Human Rights initiated a Commissioner's charge regarding sexual discrimination and sexual-orientation discrimination at the Hibbing School District following concerns from several Hibbing community members. MDHR investigators completed the investigation, which included over 60 interviews, in July 2014. The 14-page memorandum of determination found probable cause of sexual discrimination. It found no probable cause of discrimination in the case of sexual orientation discrimination.
"MDHR investigators found evidence of severe and pervasive sex-based behavior that created a hostile environment for female students that consequently interfered with their ability to learn," said Minnesota Department of Human Rights Commissioner Kevin Lindsey. "After issuing the determination, MDHR began monitoring the school district and senior administrator. Recently, MDHR has issued a probable cause determination against the District in a second matter and anticipates that it will be extending the monitoring period."
In accordance with state law, MDHR has provided the Board of School Administrators with investigative data regarding this case. BOSA's duties include licensing of Minnesota school administrators, and enforcing the code of ethics covering standards of practice for school administrators.
MDHR investigators found the sex-based behavior during the 2012-13 school year was severe and pervasive enough to constitute a hostile environment that interfered with the students' access to education. According to the memorandum of determination, the Department found evidence of illegal discrimination against students by the administrator based on their sex, primarily during the 2012-13 school year. The Department found:
- The conversations between the administrator and the female students - who were inappropriately subjected to questioning about the sexual abuse they suffered - is sufficient evidence to support a discrimination finding.
- The administrator discriminated against female students by advising and questioning them on the female students' use of birth control, their sexuality and their dating life.
- The disruption of class time by the administrator, including but not limited to the use of pink slips, to routinely call female students out of class to have conversations regarding their dating life and other conversations unrelated to his job duties, is sufficient evidence to support a finding of discrimination by the District.
- The Department's investigation also found that the District failed to comply with its own harassment investigation policies and it did not act in good faith when responding to the reports of district teachers that female students were inappropriately subjected to questioning about the sexual abuse they suffered. This questioning made them uncomfortable and traumatized.
After issuing the probable cause determination, the Minnesota Department of Human Rights reached an understanding that the Hibbing School District would secure an expert to review its policies, and process for ensuring compliance with state and federal laws. Additionally, the District would secure training for the senior administrator, the School Board, Superintendent, Administrators, faculty and staff on discrimination, appropriate boundaries, and the reporting responsibilities under Minnesota law.
If you believe you have been discriminated against in violation of the Minnesota Human Rights Act, please contact MDHR's enforcement unit at 651.539.1100, 1.800.657.3704 or online at
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Contact: Christine Dufour at 651-539-1118
or Christine.Dufour@state.mn.us
Minnesota Department of Human Rights, Communications Department
Freeman Building, 625 Robert Street North, Saint Paul, MN 55155