Conservative Legal Group Files Civil Rights Complaint Against Colorado School District Over Race-Based Discipline

America First Legal (AFL), a conservative legal organization founded by former Trump advisor Stephen Miller, has filed a civil rights complaint against Cherry Creek School District in Colorado, alleging discriminatory disciplinary practices based on race. The complaint asks the Department of Education and Department of Justice to investigate what AFL claims are violations of Title VI of the Civil Rights Act of 1964.

At the center of the complaint is an incident involving four female students and a video containing racial slurs. According to AFL, three students—one White, one Hispanic, and one Asian—were disciplined after a video surfaced showing two of them using variations of the N-word while under the influence of alcohol during Thanksgiving break in 2023. The video was recorded off campus by the Asian student.

A fourth Black female student allegedly requested the video from the Asian student and shared it with her sister, who then posted it on social media while tagging the three disciplined students. The Black student also reportedly shared the video with her mother, who forwarded it to the Rocky Mountain NAACP.

Despite what AFL describes as “nearly identical behavior” between the Asian student and the Black students in distributing the video, only the Asian student faced disciplinary action. The Asian student received the same punishment as those who used the racial slurs—months of expulsion hearings that eventually resulted in suspension.

“If a public school district can openly run discipline and employment systems through a racial filter, then the rule of law means nothing,” said Nick Barry, senior counsel at America First Legal. “This is discrimination, plain and simple. It is the soft bigotry of low expectations and should not be tolerated.”

The complaint includes references to undercover recordings allegedly capturing Campus Middle School administrators discussing how the district’s Equity Department interferes with disciplinary policies. In one recording, Principal Lissa Staal allegedly stated that disciplinary concerns about a Black female student were being attributed to “implicit bias” among staff, suggesting that what might be perceived as disrespectful behavior was actually “culturally appropriate” for the student.

According to the recordings cited in the complaint, school personnel claimed they had “no ability to enforce anything” against the Black female student because they would “lose every time” due to interference from the district’s DEI department.

AFL also alleges that the district retaliated against Pat Hogarty, a former Dean of Students, after he expressed disagreement with the district’s DEI priorities during a “Courageous Conversations” training session in January 2024. When asked about his identity, Hogarty reportedly stated that “he identifies as an American, that he loves his country, and that he believes it is the greatest country ever founded.”

The complaint alleges that after the training, Principal Staal informed Hogarty that the Equity Department’s Executive Director took issue with his failure to “acknowledge what people of color go through” and refusal to “admit that America is systemically racist.” Approximately one month later, Hogarty was told his position had been eliminated due to “budgetary reasons.”

When contacted by Fox News Digital, the Cherry Creek School District declined to comment, stating it had “no knowledge of” AFL’s civil rights complaint, despite being provided with a copy of the filing.

The case comes amid growing national debate over how schools implement diversity, equity, and inclusion policies, particularly in disciplinary matters. As a recipient of federal funds, Cherry Creek School District is subject to non-discrimination requirements under Title VI of the Civil Rights Act.

AFL has requested that federal authorities conduct a thorough investigation and implement any necessary remedial action to enforce federal civil rights law in this case.