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In one recording, staff describe being told that conduct they would normally classify as “disrespectful,” “disruptive,” or “defiant” was instead “culturally appropriate” — and that the problem was educators’ “whiteness” for viewing it “in a punitive way.” As staff put it, this racial framework left them with “no ability to enforce anything,” because district-level “equity” interventions repeatedly stepped in to override consequences.
As a result, AFL’s complaint alleges that CCSD officials and its Equity Department:
Used race as a determining factor in student discipline and personnel decisions, in direct violation of federal civil rights law. Overrode school-level discipline to protect certain students from consequences based on race. Directed staff not to discuss discipline decisions electronically, warning that “this is going to get ugly” if exposed publicly. When staff raised concerns internally, district officials intervened to block enforcement.
The complaint also highlights a recent incident at Campus Middle School involving materially identical conduct by two different students, who received vastly unequal treatment:
An Asian student was suspended for disseminating a video in violation of school policy. Two Black students, who engaged in the same conduct, received no discipline.
District officials allegedly further:
Attributed misconduct to the “whiteness of the school.” Labeled disruptive behavior by Black students as “culturally appropriate.” Caused Campus Middle School personnel to explicitly state that they “had no ability to enforce anything” due to constant CCSD Equity Department interference. Asserted that racism is defined, labeled, and disciplined differently depending on the race involved.
AFL’s complaint also details the removal of a high-performing school dean, alleging that:
The dean was terminated shortly after expressing patriotic views and disagreeing with ideological claims made during an equity training session. The termination was falsely justified as a budget-driven full-time position (FTE) reduction. CCSD financial records instead revealed an increase in FTE.
Title VI prohibits discrimination on the basis of race, color, or national origin by any educational institution receiving federal funds. Cherry Creek School District receives federal taxpayer dollars and is subject to federal investigative and enforcement authority.
AFL is urging the Department of Education and the Department of Justice to open a directed investigation and require corrective actions to end unlawful discrimination and ensure compliance with federal law.
“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 Department must intervene and restore equal treatment for students, educators, and families.”
America First Legal will continue its fight to uphold equal justice under the law and defend the civil rights protections guaranteed to every student in America.
Read the full complaint here.
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