WICHITA, Kansas, Mar. 27, 2008 - For Wichita Junior Jimmy Iniguez, it is not a situation he ever expected to be a part of. The openly gay junior was suspended pending an expulsion hearing last month after the district claims he harassed another student.

"I would say that I was treated unfairly by the administration at Metro," Iniguez said.

Jimmy says a friend approached him in the bathroom at Metro Midtown, after that friend heard rumors about his own sexuality. Later, Iniguez claims the friend became angry and violent in class, and that the school blamed Iniguez for inciting the incident.

"That kind of made me feel a little bit that I was being discriminated on," Iniguez said.

Iniguez met with district officials on Thursday to protest his pending expulsion.

Iniguez says the real problem in this whole scenario is Metro Midtown. He claims the school has an unwritten policy that claims any student who talks about being gay or their sexuality to other students, is immediately in trouble with the administration. Iniguez says that tells a lot about how the district treats gay students.

USD 259 had no comment on this case, but has defended its policies in the past. Anti-discrimination policies some students have been fighting, because they don't include sexual orientation.

Right now USD 259 protects a person based on race, color, religion, sex, or national origin. School Board member Lynn Rogers says the district does not expand beyond the federal law because of the potential legal liability. Adding, the district's bullying policy does not allow one student to disrupt the learning of another student.

Iniguez will have to wait a few more days to learn if he'll be allowed back at Metro Midtown, but says he'll fight for gay students rights no matter what.

"I hope that someday they come to their senses and change it," Iniguez said.