Federal lawsuit alleges Waxahachie ISD engages in ‘discriminatory' discipline customs along racial, ethnic lines

A federal lawsuit filed Thursday in Dallas accuses a North Texas school district of unfairly applying race-based disciplinary action.

The lawsuit claimed Black and Latino students have been disproportionately receiving harsher punishments than their white classmates within the Waxahachie Independent School District.

The lawsuit centers on the allegations of two WISD students who said they represent a deep-rooted issue within the district. The two students came forward with their parents and attorneys in a joint press conference Thursday afternoon.

Carter Jefferson-Townsend is an incoming junior at Waxahachie High School.

“The minority students within WISD are at a constant disadvantage thanks to the unfair treatment we received in comparison to white students,” she said. “They are constantly victimized while we are painted in a negative light or just as bad as them.”

Sara White is an incoming eighth grader. Her parents have removed her from the district.

“I believe students should be treated fairly and equally,” she said at the podium. “Each student should be given the right to speak up without the fear of retaliation.”

Their claims are detailed in a 45-page lawsuit filed in federal court against the district and school administrators. The girls claimed to be victims of persistent bullying and unfair punishment leveled by their schools. Their lawyers said they faced aggression by white classmates in separate incidents.

Aggression, they claim, not only went unchecked despite being reported to school officials, but when it escalated into physical fights, attorneys claim these girls were sent to off-campus detention. At the same time, their alleged bullies got little to no punishment.

In Jefferson-Townsend’s case, an ongoing feud with a student in Waxahachie High School’s cafeteria over the use of a table allegedly ended with the other girl pouring a drink on Jefferson-Townsend.

After she reported it to school officials, she claimed the bullying continued and eventually turned physical during the drink incident.

The incident was reportedly caught on camera.

School administrators handed Jefferson-Townsend, who is Black, a punishment of both in-school and Disciplinary Alternative Education Program (DAEP). Her attorney is seeking documents to prove further her white counterpart received little to no punishment, including no days in DAEP. Repeated appeals by her parents were unsuccessful, and the school said claims of bullying were ‘not substantiated.’ The incident left Jefferson-Townsend with a disciplinary record and unable to try out for the cheer squad.

White’s case claimed she was the victim of cyber-bullying by a white classmate who violated a ‘stay away directive’ from school leaders and ended with a physical altercation, according to Laux. White’s punishment included 30 days in DAEP. According to the lawsuit, White, who is Latina, was also kicked off the volleyball team.

Her mother, Brenda Tovar White, said the incident caused severe harm to her daughter’s well-being. Not only did the girls suffer the loss of educational opportunities, but their attorneys, Mike Laux and Tim Reilley, also accused the district of not protecting the girls, as required by law. The legal team also claims their research and open records requests have uncovered a disturbing pattern within the district.

“The way the policies are written are facially neutral, but the way that they're applied have a disparate impact along racial lines,” said Laux. “While the policy itself as written on its face appears to be legitimate, the custom at the district is to apply it in a way that is discriminatory.”

The lawsuit includes data allegedly showing a pattern at WISD of unevenly applying in school and off-campus detention.

“To learn from the court has learned that what has happened to my daughter isn't an isolated incident is very disturbing,” said Jefferson Townsend’s mother, Leslie Jefferson.

NBC 5 was unable to verify the data presented in the lawsuit independently.

“Latino and Black students are disciplined at a disproportionately high rate when compared to their white counterparts,” said Laux.

According to the lawsuit, WISD has 11,621 students and 17 campuses. Nearly 39% of the student population is Latino, 38% is white, and 17% is Black.

It is important to note that WISD cannot comment on or even provide its data to NBC 5 because this is ‘pending litigation,’ according to a district spokesperson.

The lawsuit claims the district violated Jefferson-Townsend and White’s civil rights and equal protection as victims of bullying and further claims WISD is guilty of applying policies subjectively and unconstitutionally.

“We're asking the court to then enjoin or prohibit the district from further applying these policies in unconstitutional ways,” said Laux.

Laux said they ‘absolutely’ would still be suing the district even if the white students had been disciplined and matched White and Jefferson-Townsend’s disciplinary action.

“These girls deserved no punishment at all,” he said. “Regardless of the fate of the attacker, you still can’t treat the victim as the attacker.”

When pressed about the girls engaging in physical altercations, Laux said, “There is a provision in the code for that. Self-defense is an absolutely legitimate response to bullying, especially if adults aren’t interceding. In fact, the school district is prohibited ‘shall not’ discipline kids who exert reasonable efforts at self-defense. That’s the case in both of these instances.”

The plaintiffs demand a jury trial in the case and for jurors to decide how much, if any, financial compensation the girls should receive for their mental stress over the past two years, plus attorneys’ fees and court costs.

White’s father said he does not want another student to go through what his daughter has endured.

“Four days ago, the school board held a meeting and discussed the code of conduct, and no changes were made,” said Andrew White. “These unfortunate practices will continue until something changes.”

The district’s board of trustees will receive a copy of the complaint. The district will have 21 days to file a response, either an answer or a motion to dismiss. Laux will then respond to whatever the district decides.

The family's attorneys said it could go to trial in about a year.

The case, Laux said, can enact changes across many school districts, ensuring minority students are not unfairly punished. He believes this may be the first of its kind lawsuit brought against WISD.

“This is going to be a tough case,” Laux acknowledged. “It’s a noble and legitimate fight and we hope to make a positive change.”

On Friday, the Waxahachie ISD provided the following unedited statement to NBC 5 about the lawsuit.

"WISD strongly denies any and all allegations of discriminatory treatment of students. The district maintains Board policies that specifically prohibit discrimination, bullying, or harassment of its students and employees and adheres faithfully to these policies. WISD strives to be a place where every student has choices, opportunities to belong, and staff members who care deeply about their growth and success. We do not tolerate violence between students, bullying, or any other behavior that makes our campuses unsafe. Due to state and federal laws protecting student information, the district is unable to specifically address matters that pertain to individual students."