ACLU puts district ‘on notice’ about coach’s alleged ‘pervasive’ racial harassment

The Shawnee Mission South High School principal charged with investigating reports of racial harassment made against basketball coach Brett McFall earlier this year ignored “key witnesses” that could have corroborated claims, the American Civil Liberties Union has alleged.

In a letter to Shawnee Mission Interim Superintendent Kenny Southwick this week, the ACLU of Kansas called for an independent investigator to explore allegations of racist behavior made against McFall by at least four student-athletes, and said the district failed to conduct a thorough investigation required by civil rights law.

“The district is on notice that minority students at SMS have been subjected to pervasive racial harassment by Coach McFall,” the letter signed by legal director Lauren Bonds and legal director emeritus Doug Bonney said. “If the district fails to conduct a more thorough review into these complaints, it is choosing to facilitate a hostile education environment.”

The district did not immediately respond to The Star’s request for comment. Bonds said the ACLU had not yet received a response from the district.

On August 28, three former basketball players submitted written complaints to the school district regarding what they said was racist and offensive behavior exhibited by McFall.

Shawnee Mission South High School Principal Todd Dain opened an investigation that ultimately found that “discriminatory actions did not occur.”

According to his own investigation summary, Dain did not interview one of the students who had made a written complaint because the student had moved out of the district, the ACLU said.

He also allegedly refused to interview a student who said he could corroborate reports of racial harassment and had his own complaints to report.

According to the ACLU, specific complaints alleged by the three original players in their letters included:

▪ McFall frequently referenced race while reprimanding players. Reprimands included comments such as, “Do you not pay attention because you are black?” and “What is it with you black kids?”

▪ He used racial stereotypes. At a buffet the team visited during an away team, McFall allegedly said, “I know you black folks like this here fried chicken.” On a different occasion he told several black players, “Hey, you black fellas want some Cheetos? I know you guys love eating them and licking them off your fingers.”

▪ He used offensive language to describe Mexican people. He asked a Hispanic student, “Why do you Mexicans smell like that?” And “Are all Mexicans’ hair greasy?” The student was Colombian.

▪ He referred to students by their race. He allegedly once asked “two white players” to join a drill. He said he wanted Caucasian players when two students wearing white jerseys stepped forward.

Dain ended his investigation on Sept. 13. He concluded in his investigation notes that McFall “did not use racially charged language” and “did not make statements that were racially charged,” according to the ACLU.

At that time, McFall released his own statement: “I love coaching almost as much as I love teaching. I would NEVER do anything, or have done anything, to hurt the kids that I work with on a daily basis, or any kids that I have worked with over the past 13 years.”

He told The Star he rejected “all allegations that have been brought against me.”

In early November 2017, the mother of the student who could have corroborated one of the incidents asked Dain why he had not interviewed her son since another player had named him in his complaint. She said Dain told her that her son “was not part of the investigation” and that the issue had been resolved.

Though the mother urged Dain to continue the investigation, her son was not interviewed.

The ACLU maintains that the Title VI of the Civil Rights Act of 1964 and other case law requires school districts from “creating or tolerating” a racially hostile environment.

“Dr. Dain’s investigation is at best incomplete,” the letter said.

The ACLU also said that Dain’s appointment as investigator was problematic since he is McFall’s direct supervisor and “their relationship may compromise his ability to assess the complaints in an unbiased manner.”

This story was originally published December 8, 2017 at 1:42 PM with the headline "ACLU puts district ‘on notice’ about coach’s alleged ‘pervasive’ racial harassment."