FIRST ON FOX: A conservative, Trump-aligned legal group filed a civil rights complaint alleging that a school district in Colorado is using race as a major factor when determining disciplinary procedures and has retaliated against administrators who attempt to push back. 

America First Legal (AFL), founded by top Trump advisor Stephen Miller, filed a civil rights complaint asking the Department of Education and the Department of Justice to investigate Cherry Creek School District, alleging it is in violation of Title VI of the Civil Rights Act of 1964. In its complaint, AFL cites a specific instance in which a Black student and an Asian student commit nearly identical behavior, but only the Asian student was disciplined. 

AFL also obtained undercover recordings of discussions between administrators that allegedly show them admitting that the district’s DEI chief has been interfering with disciplinary procedures on the basis of race. When an administrator tried to step in and call out this allegedly racist activity, the official was retaliated against, according to AFL. 

“If a public school district can openly run discipline and employment systems through a racial filter, then the rule of law means nothing,” said Nick Barry, senior counsel at America First Legal. “This is discrimination, plain and simple. It is the soft bigotry of low expectations and should not be tolerated. The Department must intervene and restore equal treatment for students, educators, and families.”

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Fox News Digital reached out to the district for comment, but it declined to comment on the matter, telling Fox News Digital it could not say anything because the district had “no knowledge of” AFL’s civil rights complaint despite Fox News Digital transmitting a copy of the complaint to the district. AFL’s complaint was filed electronically with the federal government.  

In late 2023, according to the complaint, the district’s Campus Middle School disciplined and suspended three female students after a video of them off campus over Thanksgiving break using variations of the N-word while under the influence of alcohol was submitted to the district. Two students, one White and one Hispanic, were allegedly depicted in the video using the racially charged language, while the third Asian female did not appear in the video and only recorded the encounter.

Meanwhile, a fourth Black female student at the middle school allegedly asked the Asian female student who recorded the encounter to send her the video, which the Black student then allegedly passed along to her sister, a Black student in the district’s high school, who, AFL said, subsequently posted the video on social media and tagged the White, Hispanic and Asian students’ social media accounts. The Black female student who passed the video to her Black sister also passed it to her mother, who then shared the video with the Rocky Mountain NAACP, according to the complaint.

Despite nearly identical behavior from the Asian female student and the Black female students in the district, only the Asian student was disciplined, AFL alleged. She got the same punishment as the two female students pictured in the video using inappropriate language, which included months of expulsion hearings that eventually culminated in her suspension from school, according to AFL. 

“[The Black students involved] disseminated the video to a much broader audience than [the Asian student involved],” AFL’s complaint states. “Despite both [Black female students involved] engaging in materially identical conduct as [the Asian female student involved], the District did not impose any discipline. … After [the Black female students’] identical infractions came to light, former Campus Assistant Principal Dan Hanson instructed personnel not to address the matter in electronic communications due to concerns about public records requests and adverse publicity.”

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According to AFL’s complaint, one of the non-disciplined Black female students continued to exhibit behavioral issues, and undercover recordings it obtained involving discussions between district administrators show Campus Middle School officials admitting the district’s Equity Department interferes with the equal application of disciplinary policies.

“[T]heir first instinct is implicit bias. So if, for example, [Redacted] is not responding appropriately to [the Black female student’s] concerns, it’s because [Redacted] has implicit bias towards a Black young lady, and that she does not know how to navigate the cultural identity of a Black young lady and that [Black female student involved] is talking to her like [she] talks to anybody,” Campus Middle School Principal Lissa Staal can allegedly be heard saying during a meeting with school leaders.

“This is just how [the Black female student involved] communicates. And that is culturally appropriate for [the Black female student involved] to communicate that way because that’s what is culturally appropriate,” Staal continued. “And that’s what is happening is that the Whiteness that is present in our building is looking at that in a punitive way … that we are attributing negative connotations to what is essentially, exactly, we’re calling her disrespectful or disruptive or defiant when she is just communicating in a culturally appropriate way.”

According to AFL’s complaint, school personnel said they had “no ability to enforce anything” against the Black female student who was continuing to act out because they would “lose every time,” since their “hands were tied” by the district’s DEI department. 

The district also allegedly retaliated against former Dean of Students Pat Hogarty when he voiced disagreement with the district’s DEI priorities, according to AFL’s complaint.

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“In January 2024, Mr. Hogarty took part in the Courageous Conversations training. When faced with the topics of ‘What does it mean to be White?’ ‘What experiences define Whiteness?’ and ‘How do you identify?’ Mr. Hogarty stated that ‘he identifies as an American, that he loves his country, and that he believes it is the greatest country ever founded,’” AFL’s complaint states. 

“Shortly after the training, Principal Staal informed Mr. Hogarty that the Equity Department’s Executive Director, Mr. Garcia y Ortiz, took issue with Mr. Hogarty’s failure to ‘acknowledge what people of color go through’ and refusal to ‘admit that America is systemically racist.’ Mr. Hogarty later learned that Garcia y Ortiz had referred to Mr.Hogarty’s comments in the training as having ‘racist undertones.’ Approximately a month later, Mr. Hogarty was informed that his position had been eliminated due to ‘budgetary reasons.’”

Due to the Cherry Creek School District receiving federal funds, it is subject to discrimination guidelines under Title VI of the Civil Rights Act. AFL has requested that the Education and Justice departments investigate the matter further and implement any necessary remedial action or referrals to enforce federal civil rights law.