OKLAHOMA STATE BOARD OF EDUCATION

ADMINISTRATIVE COMPLAINT

STATE OF OKLAHOMA, ex. rel. 

Applicant,

vs. 2023-02

SUMMER BOISMIER,

Respondent.

APPLICATION TO REVOKE TEACHING CERTIFICATE

The Oklahoma State Department of Education (the “Department”) seeks revocation of the

teaching certificate of Respondent Summer Boismier (“Boismier”).

FACTUAL ALLEGATIONS

1. Boismier holds a valid Oklahoma teaching certificate (the “Certificate”), number

418154. See Exhibit A.

2. Boismier currently holds standard certification in English (Grades 5-12).

3. Boismier was most recently employed as a temporary teacher at Norman Public

Schools (“District”).

4. Boismier resigned from employment with the District on August 23, 2022, with an

effective date of August 24, 2022. See Exhibit B.

Events Preceding the 2022-2023 School Year

5. During the summer of 2022, the District notified all teachers of a protocol for review

of library books. The protocol for classroom libraries was the Norman Public Schools Classroom

Libraries guidance.
 6. The District’s guidance was intended to ensure that each instructor was aware of the

books in their classroom and that the books were related to instructions or assignments and were

appropriate to the age of the students accessing books.

7. The District’s guidance required that teachers review the books and either remove any

books contravening the guidance or cover the books until they had time to review them.

8. The District offered the support of librarians to facilitate a timely and effective review.

Events at Issue During the 2022-2023 School Year

9. The first day of school for 2022-2023 at the District was Friday, August 19, 2022.

10. On that day, a parent complained to the District about Boismier. The complaint

concerned a display in Boismier’s classroom and comments made by Boismier during a high school

English 2 class that included that parent’s child.

11. At approximately 5pm, the District’s Executive Director of Student Services reported

the complaint to Holly Nevels, the Associate Superintendent and Chief Human Resources Officer for

the District.

12. Nevels asked the Executive Director of Student Services and the District

administrators who received the complaint to go to Boismier’s classroom and personally investigate

the claims.

13. In the classroom, District staff observed that the bookshelves were covered in red

bulletin board paper with messages written in black marker. All the messages stated, “Books the state

doesn’t want you to read.” Copies of a QR code were also taped to the paper, with additional black

marker instructions next to them stating, “Definitely don’t scan me,” and with an arrow pointing to

the code. Photos of the classroom are attached as Exhibit C.

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 14. The QR code in the classroom linked to the web address

https://disc.bklynlibrary.org/card. That address is the page of the Brooklyn Public Library’s website

where students could register for a free library card.

15. The Brooklyn Public Library also maintains a “BKLYN Books UnBanned List” with

a collection of books that are available in eBook or audiobook to any card holder. See BKLYN Books

UnBanned List, Bklyn Public Library, https://www.bklynlibrary.org/search?booklist=569834.

16. Boismier posted the QR code because she “had seen other teachers online talking

about this, that the library was offering all students ages 13 to 21 in the United States access to a free

e-library card that would give them access to the library’s books unbanned program.” Rebecca Riess,

An Oklahoma teacher says she resigned over a state law requiring teachers to censor books in classroom libraries, CNN,

August 24, 2022, https://www.cnn.com/2022/08/24/us/oklahoma-teacher-resigns-race-and-

gender-law/index.html.

17. Boismier believes that the books in the Books Unbanned program “absolutely 1,000%

deserve a place in our reading lists, in individual curricula.” Id.

18. Boismier was also aware of State Superintendent Walters’s criticism of the book

Gender Queer in particular when she decided to protest the District’s policy. See A Teacher who ‘Refused

to Be Party to Censorship’ Tells Her Story, Ed Week, Sept. 14, 2022, https://www.edweek.org/teaching-

learning/former-oklahoma-teacher-explains-the-broad-impact-of-law-curbing-discussion-of-race-

gender/2022/09.

19. The District asked Boismier to meet with Nevels to discuss the parent complaint at

the earliest opportunity, 8am the following Monday, August 22, 2022.

20. Over that weekend, District administrators accomplished four tasks: (1) photographed

the room, (2) removed the red paper, (3) shared the web address of the QR code with other District

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staff, and (4) contacted all parents with students in Boismier’s classes to let them know of the incident

and to assure them that the District was investigating.

21. Boismier did not attend the scheduled Monday meeting. Instead, on Sunday, August

21, she informed the District that she would be unavailable to meet on Monday.

22. Subsequently, Boismier contacted a news outlet and expressed her view that she was

suspended from the District. No adverse action, including suspension, had occurred at that point.

23. On Tuesday, August 23, Boismier and her Oklahoma Education Association (OEA)

advocate met with Nevels. Boismier indicated that she was considering resigning; however, she did

not resign at the meeting. No adverse action was taken.

24. Around 4:30pm, a reporter tweeted that Boismier had resigned. The District then

confirmed the tweet with Boismier’s OEA advocate.

25. On August 23, Fox 23 published a statement from Boismier announcing her

resignation. Miranda Vondale Foster, NPS teacher resigns from district after sharing QR code for library access

with classroom, OKC Fox, https://okcfox.com/news/local/norman-public-schools-nps-norman-high-

school-teacher-summer-boismeir-house-bill-1775-hb1775-american-civil-liberties-union-aclu-first-

amendment-critical-race-theories-crt-book-ban-oklahoma-state-board-of-education-race-sex-

discrimination.

26. Boismier’s resignation statement included the following: “I will say that the district did

offer me back my job, allowing me back in the classroom as of tomorrow morning. However, there

were some fundamental ideological differences between myself and district representatives that I just

couldn’t get past.” Id.

27. After Boismier’s resignation, the District reviewed the bookshelf in her classroom. The

District identified three books on her shelf that she intended to make available to students and that

the District regarded as inappropriate: Gender Queer, The Bluest Eye, and All Boys Aren’t Blue.

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 Books at Issue

28. The Brooklyn Public Library’s “UnBanned” list includes several books:

a. Gender Queer: A Memoir by Maia Kobabe

b. Last Night at the Telegraph Club by Malinda Lo

c. Lawn Boy by Jonathan Evison

d. The Bluest Eye by Toni Morrison

e. The Black Flamingo by Dean Atta

f. Tomboy: A Graphic Memoir by Liz Prince

g. The 1619 Project: A New Origin Story by Nikole Hannah-Jones

h. Juliet Takes A Breath by Gabby Rivera

i. On Earth We’re Briefly Gorgeous by Ocean Vuong

j. All Boys Aren’t Blue: A Memoir-Manifesto by George M. Johnson

k. Out of Darkness by Ashley Hope Perez

l. The Hate U Give by Angie Thomas

m. The Absolutely True Diary of a Part-Time Indian by Sherman Alexie

n. Me and Earl and the Dying Girl by Jesse Andrews

o. The Book is Gay by Juno Dawson

p. Beyond Magenta: Transgender Teens Speak Out by Susan Kuklin

q. George by Alex Gino

r. Stamped: Racism, Antiracism, and You by Jason Reynolds and Ibram X Kendi

s. All American Boys by Jason Reynolds

t. Speak by Laurie Halse Anderson

u. Something Happened in our Town: A Child’s Story about Racial Injustice by Marianne

Celano

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 v. To Kill A Mockingbird by Harper Lee

w. Of Mice and Men by John Steinbeck

29. The parent complaint at issue concerned the book Gender Queer.

30. The parent complained that the book had inappropriate sexual content for her child.

31. Gender Queer contains graphic imagery, sexually explicit text, and mature themes

delivered in the style reminiscent of a comic book or graphic novel:

a. In one series of panels, the main character is imagining that she has a penis she

can masturbate. The first panel says “for years my standard method of masturbation was

stuffing a sock into the front of my pants and manipulating The Bulge.” Id. at 61. The image

matches the description. The second panel says “this would evolve into hip-thrusting while

thinking of my latest gay ship. . .” Id. The image depicts two naked people kissing, one on top

of the other. Id. The third panel says “memorably, I got off once while driving just by rubbing

the front of my jeans and imagining getting a blow job.” Id. The image matches the description.

Id.

b. In another series of panels, the main character is receiving text messages

regarding sexual activity with a dildo. The first panel says, “I got a new strap-on harness today,”

“I can’t wait to put it on you it will fit my favorite dildo perfectly,” and “You are going to look

SO HOT.” Id. at 166. The image is of the main character reading her phone in a library. Id.

The second panel says, “I can’t wait to have your cock in my mouth – I’m going to give you

the blow job of your life,” and “then I want you inside me.” Id. The image is still of the main

character reading her phone. Id. The third panel depicts the main character thinking, “This is

the most turned on I’ve ever been in my life. I am DYING.” Id.

c. In another series of panels, the main character is engaged in sexual activity with

a dildo. The first panel says, “This is the visual I’d been picturing. . .” Id. at 167. The image

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 depicts the main character with a strapped-on dildo being sucked by another person, drawn

from the viewpoint of the main character. Id. The second panel says, “But I can’t feel anything.

This was MUCH HOTTER when it was only in my imagination.” Id. The image depicts the

main character having a strapped-on dildo being sucked by another person, drawn from the

viewpoint that shows both people. The third panel depicts the main character saying, “Let’s

try something else,” and the other character responding, “Of course.” Id. The image only

shows the top half of both characters. Id.

32. The main character’s journey culminates with a teacher struggling with the decision to

reveal a trans status identity to junior high students that are only enrolled in a single-day comic

workshop. Id. at 238–39.

33. Several other books on the Brooklyn list also contain inappropriate sexual content for

minors.

34. One book on the list with explicit sexual content is Lawn Boy by Jonathan Evison. That

book contains the following passages:

a. [I]n fourth grade, at a church youth-group meeting, out in the bushes behind

the parsonage, I touched Doug Goble’s dick, and he touched mine. In fact, there were even

some mouths involved. Id. at 19.

b. “Placing her knee between my legs, she wrestled off her sweater and

unbuttoned her blouse and pulled off her panties, and she climbed on top of me before I even

had a chance to savor the moment. I’m not saying I wasn’t grateful. To this day, I remain

grateful to Gina Costerello and whatever whim, or combination of alcohol and restlessness,

prompted her to unbutton my jeans and straddle me in the passenger’s seat of that Malibu.

And don’t get the idea that it didn’t feel good, either. It was a revelation, a delirious paroxysm

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 like I’d never known, a welling of rapture from my heels to my temples. The experience literally

emptied me.” Id. at 25.

c. “‘What if I told you I touched another guy’s dick?,’ I said.

‘Pfff.’ Nick waved me off and turned his attention back to his beer.

‘What if I told you I sucked it?’

‘Will you please just shut up already?’

‘I’m dead serious, Nick.’

‘Well, I’d say you were a fag.’

‘I was ten years old, but it’s true. I put Doug Goble’s dick in my mouth.’

‘The real-estate guy?’

‘Yeah.’

Nick looked around frantically. ‘What the fuck are you talking about, Michael?’

‘I was in fourth grade. It was no big deal.’

Cringing, Nick held his hands out in front of him in a yield gesture. ‘Stop.’

‘He sucked mine, too.’

‘Stop! What are you telling me this?’

‘And you know what?’ I said. ‘It wasn’t terrible.’”

Id. at 91.

d. “All I could think about while he was chatting me up over the rim of his

cappuccino was his little salamander between my fourth-grade fingers, rapidly engorging with

blood.” Id. at 174.

35. At least one book also promoted unlawful racist concepts: Stamped: Racism, Antiracism,

and You by Jason Reynolds and Ibram X Kendi. This book is a remix of Kendi’s book Stamped from the

Beginning, with the new version aimed at younger audiences.

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 36. Stamped condemns the concept of treating others without respect to race, categorizing

that view as assimilationist. See, e.g., id. at xii.

37. In one passage, the authors observed that early abolitionists “urged the newly freed

people to go to church regularly” and gave advice such as to “get married” or to “adopt trades” or to

“stay away from vices.” Id. at 65. The book then lumps these concepts of hard work and virtuous

living in with a broad category the book calls “make White people comfortable with your existence.”

Id. at 66. It describes that latter racist description as the “cornerstone” for anyone promoting work

ethic and virtuous living. Id.

38. The book particularly denounces “color blindness,” describing it as a “[s]egregationist”

view as well as an “assimilationist[]” one that is held by people who “couldn’t fathom equality.” Id. at

224.

39. In the authors’ words, “I hope it’s clear how the construct of race has always been

used to gain and keep power, whether financially or politically. How it has always been used to create

dynamics that separate us to keep us quiet. To keep the ball of White and rich privilege rolling.” Id. at

245.

LEGAL CLAIMS

40. The State Board of Education (“Board”) is vested with the “supervision of the public

school system of Oklahoma.” 70 O.S. § 3-104.

41. The Board is vested with “authority in matters pertaining to the licensure and

certification of persons for instructional, supervisory and administrative positions and services in the

public schools of the state.” Id. § 3-104(6).

42. The Board “shall formulate rules governing the issuance and revocation of certificates

for superintendents of schools, principals, supervisors, librarians, clerical employees, school nurses,

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school bus drivers, visiting teachers, classroom teachers and for other personnel performing

instructional, administrative and supervisory services.” Id.

43. The Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq., governs the

Board’s administrative actions relating to teacher disciplinary matters. See 75 O.S. § 250.3(3).

44. Board rules provide that a certificate shall be revoked for:

a. “[a] willful violation of a rule or regulation of the State Board of Education, or

the United States Department of Education; or”

b. “[a] willful violation of any federal or state law, or

c. “[a] conviction for any of the offenses or bases for revocation set forth in

70 O.S. § 3-104 or 3-104.5; or”

d. “[f]or other proper cause, including but not limited to violation of the

Standards of Performance and Conduct for Teachers at Chapter 20, Subchapter 29 of this

Title.”

OAC § 210:1-5-6(b).

COUNT ONE:
Violation of Standards for Teachers in Promoting
Explicit Sexual Materials to Minors

45. The Standards of Performance and Conduct for Teachers (“Standards”) provide that

“[i]n recognition of the magnitude of the responsibility inherent in the teaching process and by virtue

of the desire for the respect and confidence of their colleagues, students, parents, and the community,

teachers are to be guided in their conduct by their commitment to their students and their profession.”

OAC § 210:20-29-2.

46. The Standards further provide that the teacher “[s]hall make reasonable effort to

protect the student from conditions harmful to learning or to health and safety.” OAC § 210:20-29-

3(b)(4).

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 47. The Standards further provide that the teacher “shall exert every effort to raise

professional standards, fulfill professional responsibilities with honor and integrity, promote a climate

that encourages the exercise of professional judgment, achieve conditions which attract persons

worthy of the trust to careers in education, and assist in preventing the practice of the profession by

unqualified persons.”

48. The Standards further provide that a teacher may be dismissed or not reemployed for

“any reason involving moral turpitude.” OAC § 210:20-29-5.

49. “Moral turpitude implies something immoral in itself, regardless of the fact whether it

is punishable by Law.” Ballard v. Indep. Sch. Dist. No. 4, Bryan Cnty., 2003 OK 76, ¶ 10 (quoting State ex

rel. Oklahoma Bar Ass’n v. Jones, 1977 OK 118, ¶ 7).

50. “The element of intent and knowledge are regarded as important” in moral turpitude.

Id. (quoting same). The intent standard for moral turpitude is “willful intent.” Id. at ¶ 15.

51. Boismier willfully encouraged minor students to access explicit sexual material.

52. Boismier willfully encouraged minor students to access the book Gender Queer in

particular.

53. Promoting a sexually explicit book like Gender Queer to minors is an act of moral

turpitude that fails to protect students from conditions harmful to learning and that fails to fulfill the

responsibilities of teaching with honor and integrity.

54. Promoting a sexually explicit book like Lawn Boy to minors is an act of moral turpitude

that fails to protect students from conditions harmful to learning and that fails to fulfill the

responsibilities of teaching with honor and integrity.

55. By willfully committing an act of moral turpitude, Boismier has violated the Standards

of Performance and Conduct for Teachers.

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 COUNT TWO:
Unlawful Racist Instruction

56. The Board’s rules provide that “[i]t shall be the policy of the Oklahoma State Board

of Education to prohibit discrimination on the basis of race or sex in the form of bias, stereotyping,

scapegoating, classification, or the categorical assignment of traits, morals, values, or characteristics

based solely on race or sex.” OAC § 210:10-1-23(a).

57. The Board’s rules prohibit any Course that instructs students that “[m]embers of one

race or sex cannot and should not attempt to treat others without respect to race or sex.” Id. § 210:10-

1-23(c)(4).

58. The Board’s rules also prohibit any Course that instructs students that “Meritocracy

or traits such as a hard work ethic are racist or sexist or were created by members of a particular race

to oppress members of another race.” Id. § 210:10-1-23(c)(8).

59. These rules were the Board’s required implementation of HB 1775 (2021).

60. Boismier encouraged students to read the book Stamped with the intent of violating

these rules.

61. Boismier encouraged students to read that book during her high school English 2 class.

62. Boismier has stated “I am a walking HB 1775 violation.” David Chasanov, Norman

Public Schools parent says former teacher ‘should have criminal charges,’ OKC Fox, August 26, 2022,

https://okcfox.com/news/local/nps-parent-says-former-teacher-should-have-criminal-charges-

norman-public-schools-oklahoma-gender-queer-book-books-library-critical-race-theory-summer-

boismier-sex-explicit-pornographic-pornography-senator-rob-standridge-laney-dicksion-criminal-

charge.

63. Boismier willfully violated these rules. She has publicly explained that “one of the

sticking points between myself and my previous district was I would do it again in a heartbeat. No

regrets. Would do it again. Will do it again.” Id.

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 PRAYER FOR RELIEF

64. Based upon the information and evidence presented, and the foregoing authority, the

Oklahoma State Department of Education requests that the Board:

a. Appoint a hearing officer to conduct a hearing; see OAC 210:1-5-6(f)(1);

b. Set a time and date for a hearing on proceedings to revoke Boismier’s teaching

certification and certification number; and

c. Revoke the Teaching Certificate and certification number 418154 of Summer

Boismier, effective April 10, 2023, or thereafter as determined by the Board.

Respectfully Submitted,

__________________________
Bryan Cleveland, OBA #33860
General Counsel
Oklahoma State Department of Education
2500 North Lincoln Boulevard
Oklahoma City, OK 73105
(405) 522-2424
[email protected]
Counsel for the Department

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