DAVIS COUNTY, Utah — A former student of the Davis School District has now filed a lawsuit against the district and a teacher/coach claiming that she was harassed and discriminated against due to her race. The lawsuit claims that despite promises from the district following a 2021 settlement with the Department of Justice the district still allows students to be harassed.
That 2021 lawsuit settlement followed a Department of Justice report that found the school district had, "... pervasive use of the n-word and other racial epithets, Black students being called apes or being told their skin was dirty or looked like feces," according to Heidi Alder, the district's legal consultant.
Under the lawsuit settlement, the district had promised to create an office to process reports of harassment and discrimination, develop procedures to report and respond to harassment complaints, send notices to parents, and more. However, the new lawsuit filed in November of this year claims that the district had still not met those standards.
The new lawsuit, filed by the Bearnson & Caldwell law firm, alleges that a former student, Ebony Davis, was subjected to racist and demeaning remarks since Junior High.
Court documents state that Davis was called the "n" word while walking in the halls, other students would turn out the lights to shout "where did Ebony go," and students would repeatedly ask her for an "n-word pass."
But the alleged racism didn't stop at the student body. According to the lawsuit, the district's athletic director and coach of the girls' varsity basketball team, Robert Reisbeck, would regularly make statements directed at Davis that were racially charged and demeaning.
Some examples of the alleged discrimination include Reisbeck lining the team up from tallest to shortest and saying that Davis' hair doesn't "count" towards overall height. He would also allegedly, when money was mentioned, state that such was "a white people problem." When basketballs hit Davis' head during practices, Reisbeck is also accused of saying, "Oh that doesn't hurt her head she has cushioning."
Another example is that during Black History Month Reisbeck would remark, "Oh, [Ms. Davis], it's your month, we have to treat you special." Reisbeck is also accused of telling other students to carry Davis to get drinks during Black History Month.
Court documents in the lawsuit claim that Davis was so impacted by the harassment that she would allow her grades to dip so she would have to stop playing on the varsity team.
An assistant coach did notice the discomfort that Davis displayed towards Reisbeck, according to the lawsuit. However, lawyers claim that the assistant principal of the school did not immediately relay their report to the District's Office of Equity and that it took 6 weeks for the report to be made.
The Office of Equity would issue its findings in April of 2024 finding that Reisbeck had intentionally engaged in racial harassment. In May the lawsuit says that Reisbeck was given a written reprimand and a transfer to a different position as discipline.
While the lawsuit is a civil suit, the papers filed don't have the exact damage that the plaintiffs are seeking in the case. The lawsuit states, " The exact quality and amount of Ms. Davis's damages will be determined later at trial."
FOX 13 News' content partner, The Salt Lake Tribune, asked for a comment from the Davis School District who said they do not comment on active litigation but provided this statement, " Davis School District continues to prioritize safety and belonging as it is foundational to a child's emotional and academic development. We stand firmly against any form of harassment or discrimination in our schools." The statement would add, "A single student experience with harassment is intolerable and contrary to our mission and we take those reports seriously."
