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Human Rights Commission Hears Kearney Case

By RACHEL Z.

After considerable controversy throughout the last few months, the hearing in the case of Amelia Kearney v. Ithaca City School District (ICSD) took place before the Human Rights Commission (HRC) on December 19 and 20, 2007. Kearney alleged that the district failed to take prompt and appropriate action to protect her daughter from racial harassment. The hearing was originally scheduled for October 1 and 2, but the Board of Education (BoE) challenged the HRC’s jurisdiction in the case, and the hearing was postponed until the BoE rescinded its challenge in a unanimous vote on October 23, amidst pressure from the community.

Due to a scheduling conflict, the hearing was held not at the Tompkins County Courthouse but at the Tompkins County Public Library in the BorgWarner Community Meeting Room. The hearing opened at 9 a.m. Beginning around 8:30, a small crowd eventually numbering approximately 20 people gathered at a back entrance to the library that led to the BorgWarner room. Various people spoke in support of the suit and of the student protestors at IHS who had campaigned for the district to repeal its challenge.

Administrative Law Judge Christine Kellett presided over the hearing. She explained that although the hearing was public, it would be “in the nature of a trial” in that no public comment would be allowed. Over 50 people were present at the beginning of the hearing, although the crowd dwindled as time passed.

Amelia Kearney and her daughter were represented by attorney Raymond Schlather. Schlather argued that the district’s responses to Kearney’s complaints of racial harassment during the 2005-2006 school year were “clearly unreasonable under the circumstances.” He contended that the perpetrators’ punishments amounted to no more than “slap, slap, slap on the wrist ... obviously to no effect.”