Student beating leads to racial bias charge against school
November 3, 2009 by Taylor HanniganPosted in: From the Courts, In this week's e-newsletter, Latest News & Views
After a white student was attacked by his black roommate at a historically black university, a school official allegedly responded by saying it may have been a “good experience” for the victim.
The white student’s father met with school officials three times to discuss problems his son was having with his roommate. The father said he was concerned the two would come to blows.
The school didn’t separate the pair. After the meetings, the roommate beat the student with a clothes iron. The school told the victim the attacker would be banned from campus, but the victim said the attacker came back to the campus at least four times after the attack.
The victim said he was so fearful that the attacker would hurt him again that his grades slipped and he lost his scholarship.
A school official allegedly told the victim’s father that the attack may have been a good thing because it made the victim appreciate what it’s like to be a minority. The school official denied making any such statement.
The victim sued the school, saying its actions before and after the attack constituted racial discrimination.
He lost. Why? Because he did not show the school acted with “deliberate indifference” to the alleged student-on-student racial harassment.
Cite: Maislin v. Tennessee State University.
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Tags: racial discrimination, racial harassment, student violence


November 4th, 2009 at 8:32 pm
It’s hard to imagine then what would be judged “deliberate indifference”.
November 11th, 2009 at 10:45 am
yes, what would entail ‘deliberate indifference’.. apparently the father let the admin know there was a hostile situation and strong possibility of assault, not separating the students after this warning seems to me to be rather deliberate and indifferent…??
November 11th, 2009 at 12:42 pm
I agree with both comments. I find it hard to believe that if the victim reported to the school that the attacker had returned to campus when he was banned, that should show deliberate indifference.
February 5th, 2010 at 3:24 pm
I think the school did act with “deliberate indifference”. However, I think the victim’s claim for filing racial discrimination was risky, given the setting. The victim should have gone after the roommate for personal injury resulting from assault and battery and named the school as an accessory to the crime. Student on student violence is easier to prove than racial harrassment, just because one happens to be black and the other white.