KANSAS CITY, Mo. — A non-binary senior University of Missouri student who student taught at two schools in the Fort Osage School District in 2021 filed a federal lawsuit earlier this week alleging the school district violated their rights because of their use of gender-neutral pronouns.
Plaintiff Olivia Grace Jackson, who uses she/her/they/them pronouns and identifies as non-binary, claims the Fort Osage School District violated their Title VII, Title IX, First Amendment and Fourteenth Amendment rights in retaliation for their use of gender-neutral pronouns for both themself and their students.
“The complaint in this matter contains numerous inaccuracies and mistruths—both as to individuals mentioned and as to the Fort Osage R-1 School District,” said Fort Osage School District director of public relations Stephanie Smith in an email. “We will vigorously defend against this lawsuit and address the substance of those inaccuracies and mistruths in our pleadings. The District is an equal opportunity employer and makes decisions about the hiring of teachers based on their ability to serve our students, regardless of their gender or gender identity.”
Student teaching is a requirement for graduation at Mizzou. Jackson was assigned to student teach vocal music at Blue Hill Elementary for the first half of the 2021 spring semester and at Fort Osage High School for the second half.
Jackson, who was a vocal music education student, alleges the district removed them from all student teaching and conducting assignments, rejected them from employment at an elementary school in the district and canceled their previously scheduled substitute teaching assignment.
The lawsuit claims Jackson suffered a loss of employment opportunities, a loss of income and severe emotional distress.
According to the lawsuit, Jackson did not violate any state or district policies by introducing themself with their preferred pronouns or by using the preferred pronouns of their students.
Jackson claims several students approached them and requested they be referred to using gender-neutral pronouns.
Multiple core courses at Mizzou instruct student teachers to introduce themselves to their students using their “chosen and appropriate” pronouns, according to the lawsuit. During student teaching, Jackson requested students address them as “Ms. Jackson” while using she/her/they/them pronouns.
According to the lawsuit, Jackson’s mentor at Fort Osage High School, Julie Ammons, allegedly refused to acknowledge Jackson’s non-binary gender identity and treated her differently because of it. It also alleges Jackson was not allowed to conduct their teacher duties as was required by their curriculum.
The lawsuit claims the Fort Osage School District rescinded a full-time teacher position offer it made to Jackson following the alleged discrimination that occurred at Fort Osage High School.
According to the lawsuit, “Plaintiff’s gender identity (and their use of pronouns related to that identity) is a protected characteristic under the First Amendment, Title VII and Title IX.”
Jackson seeks declaratory relief, compensatory damages, punitive damages and reasonable attorneys’ fees and costs.
Jackson's time at Blue Hill Elementary
Jackson taught at Blue Hill Elementary from Jan. 11, 2021, to Feb. 28, 2021, under the mentorship of music teacher Nathan Gearke.
Jackson claims a full-time position, which would have begun in fall 2021, they were offered at Blue Hill was rescinded following the alleged discrimination that took place at Fort Osage High School.
According to the lawsuit, Jackson was selected to fill the full-time music teacher position, which was set to be vacated by Gearke less than two months after the offer was made to Jackson.
According to the lawsuit, Jackson performed their duties at Blue Hill well.
“Upon information and belief, no student, parent, faculty member or administrator complained or negatively commented upon Mx. Jackson’s tenure,” the lawsuit states about Jackson’s time at Blue Hill. “In fact, Mx. Jackson was provided very positive feedback.”
Jackson's time at Fort Osage High School
Jackson began teaching at Fort Osage High School on or about March 2, 2021, according to the lawsuit.
Their mentor at Fort Osage High School was Ammons.
Jackson was assigned to teach Music Appreciation, instruct four choirs and conduct the Fort Osage High School Pops Concert on May 11, 2021.
According to the lawsuit, Jackson told faculty and staff at Fort Osage High School they identify as non-binary and requested to be referred to as she/her/they/them. They introduced themself to their students in the same manner.
The lawsuit alleges Ammons “challenged” Jackson’s introduction to their class, and stated it was “unnecessary” because “you can tell someone is a boy or girl by looking at them.”
Allegedly, Ammons did not allow Jackson to introduce themself to a new class of students the following day. This interaction between Ammons and Jackson allegedly occurred again with another class.
According to the lawsuit, Ammons refused to acknowledge Jackson’s non-binary identity for Jackson's entire tenure at Fort Osage High School.
Jackson had received positive feedback from their work at Fort Osage, according to the lawsuit.
By April, Jackson was teaching full time in Fort Osage High School classes and by April 13, they were approved to substitute teach by the Fort Osage School Board. Gearke asked Jackson to apply to be a substitute teacher so that Jackson could teach his class at the end of the school year, which he planned to be absent for.
In April, while teaching at Fort Osage High School, Jackson was informed by Gearke that he was leaving his teaching position at Blue Hills Elementary and he advised Jackson to apply for the position that was set to begin in fall 2021.
On April 15, 2021, Jackson interviewed with the principal of Blue Hills, Monica Shane, for the full-time position.
According to the lawsuit, Shane texted Jackson on April 22, 2021, “I want to hire you!”
By this time, Jackson had also agreed to substitute teach Gearke’s class for the last two weeks of the school year at Blue Hill.
“Mx. Jackson understood, through interactions with Ms. Shane and additional Blue Hills staff, that the (full-time) music teaching position was being offered to them,” the lawsuit says. “Mx. Jackson relied upon these interactions, and in doing so, ceased their search for a fall 2021 music teaching position.”
Discriminatory allegations at Fort Osage High School
In mid-April, while still instructing at Fort Osage High School, Jackson changed their hairstyle to “better conform to and project their non-binary gender status,” according to the lawsuit.
The lawsuit alleges following Jackson’s hairstyle change, Ammons stopped inviting Jackson to lunch and refrained from interacting with Jackson outside of education-related interactions.
On April 4, 2021, Ammons contacted Jackson’s college advisor, Leah Gumbel. On the call, Ammons said, “there was a level of discomfort surrounding Mx. Jackson’s use of gender-neutral pronouns in the classroom to describe both themselves and non-binary students,” according to the lawsuit.
Ammons, while on the call with Gumbel, said she wanted to have a good relationship with Jackson since they would both be teaching in the Fort Osage School District the next year, according to the lawsuit. Ammons also complimented Jackson’s work as a student teacher.
Following this interaction, Ammons restructured Jackson’s student-teacher duties and removed them from instructing any class.
On May 7, 2021, Jackson was called into a meeting with Ammons and Ryan Schartz, Fort Osage Activities Director, according to the lawsuit. Schartz allegedly told Jackson they were making parents and students “uncomfortable” because of their gender-neutral pronoun usage.
“Mr. Schartz stated that the use of gender-neutral pronouns was “‘too personal,’ ‘too political,’ and that Mx. Jackson was ‘hired to only teach students,’” according to the lawsuit.
The lawsuit alleges, “Mr. Schartz was attempting to enforce policies that did not exist.”
Following the meeting, Ammons and Schartz allegedly told Jackson they were not allowed to interact with students in any form.
On May 11, 2021, Jackson was not allowed to conduct the Pop’s Scholarship Concert as previously planned for their curriculum, and was assigned to the sound booth instead, according to the lawsuit.
The following day, Shane called Jackson and told them the Fort Osage School District denied their offer of employment for the full-time position, allegedly based on a report made by Schartz.
Another individual applied for the full-time music teacher position at Blue Hills on May 13, 2021, and was later hired, according to the lawsuit.
According to the lawsuit, Jackson did not substitute teach Gearke’s class at the end of the school year because of the circumstances surrounding their time at Fort Osage.
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