GOUVEREUR – The New York State Division of Human Rights says Gouverneur Central School District and First Student Inc. failed to prevent racial harassment and assault of a 10-year-old African American girl on a bus in 2019.

In a prepared statement the Division of Human Rights said “the resolution of a complaint filed against the Gouverneur Central School District and First Student, Inc., the nation’s largest school bus operator. The Division launched an investigation after reports of a racist assault on a 10-year-old African American girl on a school bus in the town of Gouverneur became public. “

The alleged racist assault, which took place in 2019, was perpetrated by three white students on the school bus with an adult monitor present, according to the statement.

Following its investigation, the Division filed a complaint alleging the Gouverneur Central School District and First Student, Inc. failed in their duty to prevent the racial harassment and assault of the 10-year-old victim. 

The Division’s complaint alleged a concurrence of systemic failures to protect the child, which included a school bus monitor that did not intervene when the assault occurred; School District employees that did not respond to the distressed victim seeking help immediately after the assault; and the School District employees permitted and perpetuated additional harassment by not separating the victim from her perpetrators when she returned to school.

Gouverneur Central School District and First Student, Inc. have implemented revised non-discrimination and anti-harassment policies for students on buses, on school-district property, and at school-district events and revised procedures to ensure the safety of students transported on school buses to resolve the complaint.

“The school district and bus operator also affirmed that they have provided non-discrimination training to their employees and administrators, and agreed to provide such training to new employees,” the statement says.

"Sending your child off on a school bus should never be a cause for concern," said Division of Human Rights Acting Commissioner Denise M. Miranda, Esq. "As New York children are settling into their new school year, I want to remind parents and guardians that the Division of Human Rights is committed to safeguarding the rights of students to be free from discrimination and harassment at school or on the school bus.”

The school district and bus operator are also subject to Division of Human Rights’ compliance reviews for the next three years, and they must provide semi-annual reports of any incidents of race/color discrimination to the Division. Lastly, the Gouverneur Central School District and First Student, Inc. will pay a total of $42,000 to the State of New York.

 Under the law, schools have a duty to prevent and take prompt, effective corrective actions to address bullying or harassment of a student because of their race, color, sex, sexual orientation, gender identity, religion, national origin, or any other legally protected characteristic.  

The prohibition against harassment based on protected characteristics is extensive and can include words, signs, jokes, pranks, intimidation, physical violence, or any actions which are offensive or objectionable to the recipient or cause the recipient discomfort or humiliation.

The Division of Human Rights is empowered by law to investigate and prosecute systematic patterns of discrimination through its Division Initiated Action Unit (DIAU). 

The DIAU can, upon its own motion, initiate investigations and file complaints alleging violations of the state anti-discrimination law. 

Individuals can report systemic issues of discrimination by emailing the Division at tips@dhr.ny.gov.