Federal lawsuit against St. Joseph Middle School alleges race discrimination, harassment of student


By Judy Clabes
NKyTribune editor

A civil law suit is being filed this morning in U.S. District Court (Eastern) in Covington following a series of incidences at St. Joseph Middle School in Cold Spring that a young mixed-race girl and her parents say left the 13-year-old traumatized and in need of extensive, ongoing mental health counseling.

Filed by Covington attorney Jamir Davis on behalf of the student, identified as Jane Doe in the documents to protect a minor’s privacy, the law suit claims racial discrimination, disability discrimination, harassment, emotional distress, and negligence on behalf of the Diocese of Covington, St. Joseph Catholic Church, a teacher and former principal (Clydenna Hehman), Msgr. Gerald Reinersman, and others. It asks for a jury trial.

C.B. (Jane Doe’s mother) complained to the school that an English teacher, Clydenna Herman, used the “N-word” extensively during an 8th-grade class unit on race relations and subsequently harrassed the student for the remainder of the year. Jane — a mixed race child (her mother is white, her father African-American) — was the only student of color in the class and one of the few non-white students in the school.

At C.B.’s request, Jane was removed from Herman’s class but suffered harassment from the teacher who she couldn’t avoid in the small school. She was particularly distressed at the teacher’s improper service of communion to her during a school religious service.

Several fellow students expressed concern for Jane and asked the teacher not to use the derogative term, but she persisted — in Jane’s classroom and other classes. One of those students has written an affidavit attached to the lawsuit.

The story was first brought to light in a commentary that appeared in August in the NKyTribune. See the commentary here.

C.B. persisted as well, taking her complaint from the school to the school board and to the Diocese. She was joined by other parents who voiced similar concerns. But the concerns were not addressed, the teacher was not sanctioned, no official apology or explanation was issued, no offer of mental health assistance was received, and no sensitivity training was required of the teacher.

“The school system made it come to this point,” said C.B. regarding the lawsuit. “We gave the school and teacher every opportunity to resolve this in an amicable fashion. We are still in counseling with my daughter over the pain she is still suffering. My child has been traumatized.”

In fact, C.B. chose to send her daughter, who has a learning disability, to St. Joseph Middle School — and moved to the area in the process — because she thought it would be a nurturing environment for the child. “Jane” is now a freshman at another parochial school where she is — so far — getting the guidance and support she needs.

“The inaction of the school system is almost worse than the action of the teacher,” said Davis, the attorney. “There is no doubt that the incidents outline in the complaint happened. But the school did nothing.”

Another parent submitted a statement that is also attached to the lawsuit. In it, she describes the actions she took when she heard of the “racial slurs” being used by Ms. Hehman in class. She, too, never heard back from her face-to-face meeting with superintendent of the Diocese. Her urging for action at a board of education meeting also resulted in no action.

When Davis sent the requisite demand letter to the school and the Diocese, the response from the Diocese’s law firm denied the allegations and said the incident was “fully investigated.”

A press release issued by Jamir Davis announced a Zoom meeting/press conference to be held today at noon.

A check of the St. Joseph School website does not include Ms. Hehman as a teacher this year. An answer to an inquiry to the school has not been received by publication. (This story may be updated.)

Update: No word from the school, but a source tells the NKyTribune that Ms. Hehman is now teaching at St. Joseph in Crescent Springs.

See a copy of the lawsuit here.


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