WESTFIELD, Ind. — The American Civil Liberties Union of Indiana filed a lawsuit against the Westfield Washington School Corporation on Thursday, alleging administrators failed to take action to protect a student from "relentless, racist bullying" at the hands of her fellow students.
The lawsuit said the alleged victim was a seventh grade student at Westfield Middle School and was one of only a few Black students in her class during the 2019-2020 school year.
The ACLU claims the student endured bullying statements about her facial features, explicit comparisons to a monkey, questions regarding whether she was attracted to orangutans, and the routine use of the “n-word.” The suit claims the bullying continued even when the school went to classes online during the start of the pandemic in 2020.
"We want to protect and make a change for the minority children and families in Westfield Washington School District, so that their families do not have to endure the hurt, disappointment, and safety concerns we experienced,” said her parents in a release. “You have to speak up about any kind of discrimination in order to make a change and to protect each other.”
The lawsuit claims the bullying was reported to school administrators on numerous occasions and that they failed to take reasonable measures.
“Under federal law, public schools have a duty to take reasonable measures to protect their students from pervasive race-based bullying,” said Gavin M. Rose, ACLU of Indiana Senior Staff Attorney. “Westfield Middle School administrators failed to protect S.J. from abuse from her classmates, ultimately excluding her from access to a safe and equal learning experience.”
The suit claims the family learned in July 2020 that no report on the bullying was ever passed on to the school resource officer.
The lawsuit demands a jury trial and asks for the family to be awarded damages and for attorney fees.
The full complaint against the school can be found here.
Superintendent Dr. Paul A. Kaiser released the following statement to 13News:
Though we are aware of a lawsuit filed against Westfield Washington Schools, we have yet to be served.
Westfield Washington Schools has always strived to be a place where all students can achieve academic and social success. We’ve put an emphasis on cultivating an environment where all students feel safe, seen and valued.
We are committed to creating a positive and welcoming environment for every student who walks through our halls. For every one of our district families, we will continue on this journey to expand our perspectives and work together to make our school district a place where every student knows they belong and can achieve their goals.