Sexual orientation-based disparities in school and juvenile justice discipline: A multiple group comparison of contributing factors.

Abstract

There is little data on whether school discipline or juvenile justice sanctions are directed disproportionately toward sexual minority youth (e.g., lesbian, gay, bisexual, or questioning; LGBQ) compared with heterosexual youth and even less on factors that may relate to such disparities. We tested for sexual orientation-based disparities in school suspension and juvenile justice system involvement, and tested a model linking students' sexual orientation to victimization, punishable infractions (substance use, truancy, weapon carriage on school property), and disciplinary actions. Using cross-sectional data from the 2012 Dane County Youth Assessment, we compared 869 LGBQ youth to 869 heterosexual youth (a comparison sample selected through propensity score matching) in Grades 9 to 12 (60.6% female; 74.7% White). LGBQ youth were more likely to report school suspension and juvenile justice system involvement than heterosexual youth. We documented minimal support for a differential behavior explanation: sexual orientation-based differences on discipline were only weakly mediated through victimization and punishable infractions. Instead, a multiple group comparison showed that the paths from infraction engagement to discipline sanctions were not invariant for LGBQ and heterosexual youth: With higher rates of infractions, the odds were greater for LGBQ youth to have experienced punitive discipline than for heterosexual youth. Our findings underscore the need for psychologists, educators, and juvenile justice professionals to give attention to discipline disparities faced by sexual minority youth.

Advances in research with LGBTQ youth in schools.

“…Using teacher- and student-level data from 745 California schools, they documented support for both cases. These findings add to the literature that also indicates that LGBTQ students face disproportionately higher rates of punitive discipline than their heterosexual peers and that this may be due to bias (Himmelstein & Brückner, 2011; Palmer, Greytak, & Kosciw, 2016; Poteat, Scheer, & Chong, 2016; Snapp, Hoenig, Fields, & Russell, 2015). Thus, the findings point to additional concerns underlying the use of highly punitive and exclusionary discipline over more constructive and holistic forms of intervention.…”

Disproportionality and Disparities among Sexual Minority Youth in Custody

“…Interestingly, sexual minority respondents were not more likely to report higher rates of school expulsion than their heterosexual peers (ibid). However, a more recent cross-sectional analysis of the Dane County Youth Survey (Wisconsin) found that LGBQ youth were more likely to report school suspensions, as well as juvenile justice system involvement (Poteat, Scheer & Chong 2016). In both studies, the differences in criminal sanctioning were particularly disparate between sexual minority and majority girls, and these differences were not sufficiently explained by differences in behavior.…”

Injustice in the Justice System: Reforming Inequities for True “Justice for All”

“…LGBT youth are overrepresented in the justice system as well, making up 20% of all juveniles; among these, 85% are Youth of Color (Center for American Progress, 2016). In one study, sexual minority youth reported experiencing harsher school discipline, and being more involved in the justice system, than their nonsexual minority peers (Poteat, Scheer, & Chong, 2016). In a study of 55 LGBT youth involved with the justice system, over 90% of participants reported problems related to lack of parental support (Majd, Marksamer, & Reyes, 2009).…”