This story by Darren Marcy first appeared in the White River Valley Herald on June 1.
A lawsuit filed by a student and her father against the superintendent of the Orange Southwest School District and the co-principals at Randolph Union High School was settled recently.
The settlement calls for a $125,000 payment to the Allens and their attorneys, reinstates Travis Allen as middle school soccer coach and scrubs the records of Travis Allen and Blake Allen of any reference to the discipline.
The settlement also dismisses the lawsuit, Allen v. Millington, et al., with prejudice, meaning it cannot be refiled. The language of the settlement document notes that it is a compromise and “is not in any way to be construed as admission of liability or wrongdoing.”
Layne Millington, Superintendent of the Orange Southwest Supervisory District, said “the district is pleased to resolve the lawsuit at this early stage and return our focus to educating students.”
“The Vermont School Boards Insurance Trust made the decision concerning the payment in order to cap defense expenses in what would otherwise be years of litigation,” Millington said. “The district has made no admission of wrongdoing. Our policies are unchanged and we will continue to comply with our policies and the law.”
Phil Sechler, senior counsel at Alliance Defending Freedom, however, called it a “resounding victory for freedom of speech.”
“We are grateful that the school recognized it was wrong to suspend Blake from school and Travis from his coaching position simply for exercising their freedom of speech. No one should lose their job or get suspended from school for voicing their opinion or calling a male a male and we are glad to see this case resolved favorably, not only for Blake and Travis, but for all students and coaches to be able to speak freely and without fear of retaliation.”
Travis Allen, in written comments submitted to the Herald, said he is satisfied with the outcome. “This settlement was a huge victory for freedom of speech, not just for Blake and me, but for anyone who wants to voice their opinion on important topics,” Allen said. “Certainly, the victory for everyone to speak freely is the most important achievement with this lawsuit. It was worth it. This has taken a toll on our family, both close and distant. It showed us who will and won’t support us even if they do not agree with our values. Blake’s punishment would not have been reversed had we not filed the lawsuit and I wouldn’t be able to coach in the fall if we had not reached the settlement. I wouldn’t change anything. We currently live in a time where you have to defend your values from some pretty radical ideologies.”
The suit stems from reaction to a controversy at RUHS in the fall in which a transgender girl who played on the volleyball team attempted to use the girls locker room, as she is allowed to do under school and district rules as well as state law.
Her appearance in the locker room purportedly caused discomfort for some teammates. What happened when she entered the locker room remains in dispute.
Some allege she stood leering at girls in various states of undress and refused to leave. Others say she stopped and stood because she was unsure what to do, but quickly left when she was yelled at.
Opinions among the players also varied and backed both points of view.
The school backed the trans girl, saying she had every right to be there. For a short time, the locker rooms were closed and players changed in school bathrooms before practices and games.
The incident created an uproar in the community after Blake Allen was interviewed by WCAX, the Burlington-based CBS affiliate, which later took the story down following public outcry over what critics called unbalanced reporting.
Travis Allen was removed from his position as a middle school soccer coach after he misgendered the trans girl in a Facebook comment, as well as one other time, after which he said he volunteered to take down the comment and not repeat the incident, but Millington demanded he apologize, which is something Allen said he couldn’t do.
Blake Allen was alleged to have referred to the trans girls as “literally a dude,” in a conversation with another student in a classroom.
Her punishment was rescinded after the lawsuit was filed, but it was not clear if the two actions were related.
The settlement produced most of what the lawsuit requested, including overturning both disciplinary proceedings — claiming they violated the Allens’ First and Fourteenth Amendment rights — returning Travis Allen to his coaching position, and compensatory damages, among other steps.
The settlement calls for the Vermont School Boards Insurance Trust to pay the Allens’ counsel, Alliance Defending Freedom, $125,000, of which, Travis Allen will receive $35,000 and Blake Allen will receive $5,000. The remaining $85,000 will cover attorney’s fees and costs.
The settlement will also reinstate Travis Allen as head coach of the Randolph Union Middle School girls soccer team. Allen will be required to follow all OSSD rules and policies when he returns to the position for the 2023 season. His personnel record will be scrubbed of any reference to the suspension.
The agreement requires that all references to the three harassment, hazing and bullying investigations into Blake Allen’s actions will be cleared from her school records. “This case has brought our family closer together, and Jessica and I are proud of Blake for standing up for free speech and women’s privacy under difficult circumstances,” Travis Allen said in his written comments. “That’s why, when Blake’s privacy was threatened, I felt compelled to speak out. Likewise, our children are proud of us for taking a stand for what’s right.”