Student rights at issue in discriminatory Snapchat incident
May 9—TRAVERSE CITY — The Grand Traverse County Prosecutor's decision to not bring criminal charges against area high school students involved in a discriminatory social media group does not mean the matter is over.
Traverse City Area Public Schools officials continue to investigate the matter in which several TCAPS students participated in racist, antisemitic and anti-LGBTQ group chat that included a mock slave auction of their peers and fellow students.
TCAPS Executive Director of Human Resources Cindy Berck said the district is following the guidelines set in its anti-bullying policy. Policy 5517 states bullying, taunting, stalking, hazing and other forms of harassment including sexual harassment of students by other students are strictly prohibited.
Bullying, under board policy, includes any electronic communication that would harm a student's physical or mental health, either directly or indirectly.
The word "indirectly" could play an important role in the TCAPS investigation. Although Grand Traverse Count Prosecutor Noelle Moeggenberg determined no threat existed because the messages in the group were not intended to be made public, the indirect effect on the students who were either put up for auction or otherwise threatened could mean discipline for the students involved.
Attorney David Nacht, who has 25 years experience dealing with discrimination issues in education, said off-campus behavior was not seen as something that fell under a school district's purview until three years ago. Schools now have to investigate such matters or risk being in violation of federal and state laws.
"What happens outside of the classroom is no longer just a matter between the kids," Nacht said.
Title VI and Title VII of the Civil Rights Act of 1964 both protect people from discrimination based on their race, sex, national origin or religion.
Any school found in violation is subject to losing federal funding. The Elliott-Larsen Civil Rights Act, a Michigan law, protects people in the same way.
Title IX, which has part of the Education Amendments of 1972 and born out of efforts to provide equity for female student-athletes, could also be at play. Title IX prohibits any sexual harassment or discrimination, and the anti-LGBTQ threats might rise to that level.
Nacht said the Snapchat group stepped over the line of what some might consider harmless fun and "into the realm of painful and scary." Nacht said TCAPS is obligated to do a prompt investigation, determine the outcome and solve the problem.
"They have to take action," he said. "It is incredibly damaging to the culture and environment of those being treated with such hostility."
As an outsider looking in, Suttons Bay Superintendent Casey Petz is monitoring the TCAPS situation closely. He is also monitoring changes to Title IX and making sure his district continues to follow those regulations.
The Donald Trump administration made changes to Title IX that went into effect in August 2020.
Those required more involvement and more steps during the investigation. President Joe Biden's administration said they are looking into further reforms to Title IX that are expected to be announced in the coming months.
"It's a concern for every district right now to make sure their policies are clear and that they're following it — because the consequences are pretty dire," Petz said.
Aside from the loss of federal dollars, districts found in violation of Title VI, VII or XI open themselves to lawsuits and public scrutiny. But Petz said those are the least of his worries in that situation.
"For the victim to not have their rights protected, that's what I look at and say we didn't do right by that person," Petz said. "There's a lot of weight on handling that properly."
