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Board: Iowa student labeled 'snitch' will be allowed to transfer

Mackenzie Ryan
The Des Moines Register

An Iowa teen whose clothes were thrown in a gym toilet and the word "snitch" later painted on his car should be allowed to transfer school districts, the Iowa Board of Education decided Wednesday.

The Oakland, Ia., teen faces escalating harassment and "reasonably feared for his safety and for his property," the board ruled.

The student, identified by the initials K.M., was targeted by three students as a "snitch" this spring after police broke up a party where alcohol and drugs were present, according to state documents.

Textbooks that are only a few years old sit stacked next to lockers on the last day of the high school at Charter Oak-Ute School on Wednesday, May 31, 2017, in Charter Oak. The books will try to be resold before being thrown out.

K.M. applied for permission to open enroll out of the Riverside Community School District in mid-March, but that decision was denied by the local school board. School leaders cited a missed March 1 deadline for open enrollment applications and said they'd work with K.M. to address the situation.

The state board's decision to overturn a denial is rare. It usually upholds local decisions when considering open enrollment appeals. State officials decided the harassment was severe enough to grant a transfer.

Among other findings, they cited the ongoing threat of being labeled a "snitch." 

The word connotates more than being a "tattletale," given that, in popular culture, it often comes as a threat to ostracize and retaliate against someone for breaking a "code of silence," according to the board decision.

"People considered 'snitches' by their community have been physically harmed," the board decision says, citing a case in Florida in 2009, in which a 15-year-old labelled a "snitch" was set on fire after being doused in rubbing alcohol.

"We have no doubt that K.M. feared harm to himself or his property and that this had an impact on his mental health," the board decision says. When combined with other harassment, it "created a hostile environment" that warrants transfer. 

“At the end of the day, isn’t it what it’s all about ... what’s in the best interest of the child?” said attorney Joe Narmi, who represented K.M. and his parents.

The Riverside school district is challenging the decision. It has filed a re-hearing request to the state board that will be considered in September. It also could appeal in district court. Superintendent Tim Mitchell said the school district will consider its options before moving forward.

"We want everyone to understand, we do not tolerate harassment and bullying, and we respond appropriately to such allegations when we're made aware of them," Mitchell said. He did not comment on the specifics of the case.

Attorney Kristy Latta, who represents Riverside, argued that the state board is denying school leaders a chance to alleviate the situation.

While the district's appeals play out, K.M. will be allowed to attend a different school this fall.

"It bothers me that this could still be hanging over the student's head," said board president Charlie Edwards.

Physical, verbal threats detailed

According to state documents, the bullying started during the 2015-16 school year, when K.M. was an eighth-grader in Riverside schools, a district of slightly more than 600 students located about 30 miles east of Council Bluffs.

K.M. reportedly faced physical and verbal threats from a group of ninth-grade students after overhearing a conversation about drinking and drugs in a gym locker room.

After he told the principal about the threats, K.M. said several students at one point waited for him to get out of the shower after gym class to beat him up. He stayed in the shower until they left, only to find his clothes in the toilet, according to the documents.

His mother reported the incident to the school, but the harassment reportedly continued. It had a negative effect on his mental health as a ninth-grader, and K.M. asked his parents to allow him to switch schools.

His parents encouraged him to work through these issues, and reported them to various school officials, including a counselor, at-risk coordinator, coaches and the school principal, the board decision says.

Proverbial 'straw'

This past spring, the harassment reportedly intensified with three students repeatedly calling K.M. a "snitch," apparently blaming him after a weekend party was broken up by police.

After leaving an athletic practice one day, K.M. found the word "snitch" painted on his windshield, an incident that became the proverbial "straw that broke the camel's back" for the family, according to board documents.

In the parking lot, two other students saw the message and one offered to help clean it off his car, which was not permanently damaged. K.M. "felt threatened and didn't know what to expect next," documents said.

One of the students involved in the incident received an in-school suspension and others were "talked to," board documents say. The principal said it was the first incident that had been reported to him by K.M. that year, although others in the school's "chain of command" were aware of earlier harassment. 

The March 7 vandalism incident prompted K.M.'s father to seek a school transfer, filing paperwork on March 12 — only a week after the incident, but nearly two weeks after the March 1 deadline for open enrollment requests.

State board members met Wednesday via conference and voted 8-0, with board member Brooke Axiotis abstaining, to reverse the enrollment decision and allow K.M. to transfer prior to the start of this school year.