The nine-count lawsuit was initially filed in Jasper County Circuit Court, but has been removed to federal court.
Listed as defendants in the lawsuit are Superintendent Phil Cook, Carl Junction High School Principal Scott Sawyer, assistant principals Trevor Chase and Theresa Wilson, counselor Ben Withers, compliance officer Gary Reed, and bus driver David Roughton.
The petition details a year-long harassment of the teen after he came out as bisexual.
:After coming out (he) was "the subject of ridicule, harassment, torment and bullying" that took place both at school and on the bus, the petition says, including the use of a number of derogatory terms and obscene references.
"The ridicule, harassment, torment and bullying suffered by (him) also included, but was not limited to students physically threatening (him) as well as stealing and/or destroying his personal property."
The harassment on the bus was reported to Roughton and Withers and the teen's parents also reported it to school officials, including Sawyer, who relayed the report to Wilson, according to the petition.
"At one point in the fall of 2012, and in response to the ridicule, harassment, torment, and bullying, Defendant Sawyer rode the bus for one day to monitor the behavior. While riding the bus, he was told by a student to "clean my butt."
The lawsuit says Sawyer "failed to immediately discipline or rebuke this student in front of the other students." After his day of riding the bus, the harassment continued.
The teen's parents again contacted school officials about the problem. The lawsuit says Sawyer said that protecting the teen from the harassment was a "fight worth fighting," and that he would "keep an eye out for him."
That did not happen, the lawsuit claims. "By March 2013, students were telling (him) to hang himself and regularly threatening to beat him up."
The parents once again met with Sawyer in March 2013 to let him know that nothing had changed and their son was still being tormented.
"Defendant Sawyer acknowledged that he was aware that the bus was as bad or worse than it had ever been, yet he did nothing about it."
That lack of action, the petition says, "caused or contributed to cause (the teen) to suffer severe emotional distress, filling him with despair and hopelessness. Defendants' ongoing refusal to do anything but empower (his) tormentors forced him to seek escape elsewhere.
"March 14, 2013, was the last day of classes before spring break. After (he) had been dropped off at his bus stop, a student yelled out the window for (him) to 'do everyone a favor and hang himself.'
"On March 15, 2013, (he) spent a final day with his friends and family.
"On the morning of March 16, 2013, (his) parents found him hanging in his bedroom."
The suit alleges that district officials violated the Missouri Safe Schools Act by witnessing crimes that would be considered third degree assault and not reporting them, as well as a Title IX sexual harassment violation, "based on (the teen's) perceived sexual orientation."
The lawsuit says the district knew which students were causing the problems "and it was readily foreseeable that this abuse would continue into the future and refused to do anything (about it)." which "left him at the mercy of his bullies."
The problem with the bullies was not just limited to the teen who committed suicide, the petition says. "Concerned parents of other children in the school district repeatedly complained to the school district about the bullying problem."
The opposing sides of the lawsuit have been bogged down by a discovery dispute for the past few weeks. Lawyers for the school district are demanding that the teen's family turn over the following:
-All photographs, images, documents, videos, websites, pages, website links, or files the teen saved between January 1, 2012, and his death
-Internet browser history or histories or copies thereof, for all the internet browsing he did from Jan. 1, 2012, to his death, including, but not limited to web pages, web history, lists of websites, URL addresses, web browser software and settings, bookmarks, favorites, caches, and cookies.
-All posts, tweets, and messages sent or received between Jan. 1, 2012, and his death
-All e-mails
-All text messages and multi-media messages
-All browsing history from any cell phone
The parents' attorney charge the school district with going on "a fishing expendition" saying, "The herculean task, if it could be done at all, would require a computer expert and months of work."
It would not be that hard, the district's lawyer says. "It is critical to defendants' defense that they be able to fully explore any information that may reveal (his) mental state as well as circumstances or factors that may have caused or contributed to his death.
"Suicide is a complex outcome that is influenced by many factors. It will not cause an undue burden. They have the passwords so it could be done in an inexpensive manner and in a matter of days."
The district is represented by Sarah Schmake of Mickes, Golden & O'Toole of St. Louis.
The teen's family is represented by Jonathan M. Soper of Humphrey, Farrington, and McClain of Independence.
***
Investigative reporting you will not find anywhere else and news you will not find anywhere else. Please consider taking a voluntary subscription to the Turner Report/Inside Joplin and help this operation continue to grow.
22 comments:
I have 4 children.. 3 are out of school.. They all went and or going to carl junction schools. All 4 of my children have been bullied and carl junction school did very little about it besides make the problem worse... One of my children dropped out because of this... I am willing to help this family out any way I can..
Excuses,excuses....parent fail
Carl Junction has a reputation in the area for being pretty bad as far as the social situation for students. It's sad.
This is very sad ,this is several kids who committed suicide in the past 2 years alone.not a great reputation to have at all. An all 6 of my kids including myself has attended or still does in this school.this makes a big concern for my children's safety...
My sister had to pull her child out of this school for the same reason. Not only bullying from children but also the adults there. Praying that this family wins their case and teaches Carl Junction a lesson.
There is bullying in Carl Junction...is an UNDERSTATEMENT!!! It is becoming an epidemic. I have 4 children and 3 still attend school there. I moved my oldest to Joplin after years of torment. Something must be done.
Are you serious? Heartless as hell.
I now home school my grand daughter for the last 3 yrs because of this bullying in the Carl Junction School, I went to the school several times to confront them about this problem and I got the same answer We will take care of it...never did and she is happier now than ever and her school work has greatly improved..but it is ashame that we pay school taxes for her to go to school and can't send her, so now we pay to homeschool..this is not right and I hope these people win their case for their son...
CJ hasn't changed a bit. I graduated from there in 1973 after my family moved up here from Norman Oklahoma when I was in tenth grade. My father was the NJROTC Chief. Although I have one life long friend, those kids were the meanest and most selfish and concieted I have ever been around. The family pyramids that control everything over there were no help at all. I cringe at every mention of how wonderful CJ schools are.
I, too had to pull my son out in the middle of his freshman year, due to teacher bullying, that I had sought help with but was not rectified.
Exactly, they're good at making a bullying issue worse.. Try having a junior high daughter being bullied and harrassed by 2 girls for a couple of years, you finally go to the principal, a female at the time. She goes and talks to my daughter AT her lunch table DURING lunch, then proceeds to immediately go over to her bully's table and confront them.. totally worse after that! Glad I had an emotionally strong girl!
My kids attend ____________ school and get picked on. My kids are golden and win trophies at soccer tournaments. My school is terrible and is the sole reason for my kids misery..........fill in the blank
I believe as schools go, there will always be a tolerable amount of hazing or so called bullying. Welcome to life. I wish it was a perfect world too. I must say, however, that I can not pile on the Carl Junction school district with negative feedback. I think CJ, is a great place to send kids. My kids (2) are receiving an excellent education, by great, caring teachers and faculty members. Is this not why Carl Junction has grown beyond its limits the past 15-20 yrs.? Carl Junction is a small tight community and I am not in the local click, but of course not I didn't grow up here. To hear that it is bad place to go to school and has been for years is not something I am willing to believe so easily. I would suggest that if your children are in so much agony from being bullied, you as a parent are obligated to get to the source of the problem. This is how we make things better.
As a parent I feel horrible for the parents of the young man who took his life. However, I notice that the parents are not suing the ACTUAL PEOPLE who they believe bullied their son, Minors can be prosecuted for their actions, and in some cases even tried as adults. These people are going after the money, NOT the culprits of the crime. I do not have personal experience with most of the administrators of the CJ system, but I have had experience with Mr. Sawyer who has always been kind and helpful. I can tell he really cares about the kids, mine included. The school officials who don’t comment are probably told not to by the lawyers, but my guess is that they also mourn the loss of this boy, too. I also wonder, where were the parents in this? If my child was truly being severely bullied, and I believed the school was doing nothing, I would pull my child out of school and then sue to make it safer before returning them.
As a parent I feel horrible for the parents of the young man who took his life. However, I notice that the parents are not suing the ACTUAL PEOPLE who they believe bullied their son, Minors can be prosecuted for their actions, and in some cases even tried as adults. There people are going after the money, NOT the culprits of the crime. I do not have personal experience with most of the administrators of the CJ system, but I have had experience with Mr. Sawyer who has always been kind and helpful. I can tell he really cares about the kids, mine included and he has helps us with problems in the past. The people who don’t comment are probably told not to by the lawyers, but my guess if that they mourn the loss of this boy, too. I also wonder, where were the parents in this? If my child was truly being severely bullied, and I believed the school was doing nothing, I would pull my child out of school and then sue to make it safer before returning them.
Going to make this simple. In CJ, there are the 'have' and 'have not's'. Sure, there is ridicule and bullying. Every school has it. Get over it. Young people need to turn off MTV and all this other crap that glorifies their problems. As for this young man, RIP. To his parents, sorry you lost a son. However, I'm curious, how were his moods when you all ate dinner every night together and took weekend trips or family vacations?
Hmmmmm
To place blame on the victim or the victim's parents is cruel, disgusting and deflects from the actual problem…bullying.
If the parent reported the problem- they did
if the child reported the problem- he did
then the district is culpable - they knew but did not prevent it or did not monitor it.
All of you who want to exalt Carl Junction because your kids have never experienced bullying- good for you.
Facts-
Teachers have used physical force to restrain, drag, or man-handle students - it has been witnessed by parents in the hallway. It has been documented and photographs taken.
Students have used social media to name call, ridicule, and harass other students.
Principals and the superintendant have been able to spin doctor situations so the truth is not known to the public. The so-called Autism Consultant- has had to be spoken too about using riot shields for compliance as well as restraining students on the floor.
The Turnaround Ranch- in Carl Junction school district. 2 students have killed themselves there- the teachers and principal promote bullying behavior amongst themselves.
This is a terrible terrible thing that happened.
I cannot imagine losing a child over something so preventable.
And I hope the kids responsible for this think about it every day for the rest of their lives...
i went to carl junction and i bullied kids, was fun.
i got bullied as a freshman by the upperclassman. I think this helped me grow, and prepared me for the "real world". Everyone is a bully, if you give them the chance, especially after high school.
Good luck going into roofing/machine shops/construction/the military/....anything and almost everything for young men to do, will require very tough skin. This world, and this country is not for the weak, or the light hearted. If you kids think you are just gonna graduate and everything is going to be handed to you, like your mommy and daddy do from briarbrook, might as well buy a rope now.
the parents could of moved him to a different school. Suicide is a choice, that he chose, he had other options but chose to take the pussy way out. Pretty sad, nothing wrong with cj, but seriously something wrong with the kid/parents.
Totally agree.
I know this is an older situation but I have felt the need for quite some time to tell my story. I attended Carl Junction in grades 5-10. For the six years I was there I was depressed and wishing to commit suicide for six years. In 5th grade I lost my Grandfather and my only friend moved within the same two days. Like any ten year old I cried and people bullied me. They told me my paid was worthless. After that they never stopped. So I'm going to share a few "highlights" of my time there to just show how messed up this really is. Keep in mind I send in many bullying reports and nothing was fixed. The sight "Bully Free Zone" was a constant lie that made life even harder.
-5th Grade: Once a student took my pencil from me. I was trying to give it back and my teacher snapped at me saying. "Give her that pencil (my name) this is why no one likes you and you don't have friends" This was need I remind you a teacher saying this.
-6th: I was going to the councilor's office on a daily basis telling her about everything that had been happing at this point. I had been harassed on the bus like no other. Now I can classify it as board line sexual harassment. Nothing happened. I had rude comments about my weight tossed at me all the time. And the thing was I look back and I was never over weight. I was told I was hideous and other than that people ignored me.
-7th: By this time I was in serious depression. I had been writing suicide letters and even if one or two people showed me kindness I always felt there was an alterier motive. My highlight is the councilor asking girls to sit with me at lunch. I thought for a brief while I had made friends but they where just faking it and that was the hardest to learn.
-8th: I was continuing to try to either die or run away. I retreated into books and was quite witch is very worrisome for me because I am a loud and adventurous person. My highlight was being threatened with scissors to my thought and after reporting it being told boys will be boys.
-9th: I did lighten up a bit this year. I had a lot of issues with guys faking liking me for a joke. It made me feel worthless. I however discovered writing. Two things kept me alive at this point: My faith in God and Coffee Club (the writing club on campus).
-10th: I had a few by few i mean 2 friends this year. It was the best i had in a long long time. The bulling continued and I would come home in tears most days. I felt like an outsider and that there was something majorly wrong with me.
After that I moved to a new school for my last two years of high school. Something caught my attention. I was an extreme extrovert and I had never known because people kept pushing me down. I became an extremely outgoing person who in one year became a lead in a school musical, vice president of choir, very large group of friends, and not to mention graduated in the top percentage of my class. I look back and I am extremely thankful I hadn't died back then but it got close. The way that carl junction manages issues of bulling is bad. It got to the point I thought the only way to escape was death. I hope no one feels that way because it is the worst feeling ever and it dose come back. You can never truly shake it off... it comes back for me even. So to carl junction... please do something just please. And to kids at carl junction treat each other with respect and remember it will eventually end one way or another.
I have gone to Carl all my life and have been bullied almost everyday. A specific incident was when I was in 7th grade, a girl held a fork to my neck and threatened to kill me. I immediately told Mr. Chase but nothing was done. A few days later the same girl texted my friend and threatened to kill me and my family. My mom took the phone to Mr. Sawyer and again, nothing was done. My Mom ended up having to contact the police for anything to be done. After years of being tormented by teachers and students of Carl Junction I had to be hospitalized for self-harm and suicidal thoughts. The truly sad thing is that most people attending CJ have been to a place like me for the same reasons.
students told my sister “slit your wrists lesbo” when she was in 6th grade at carl junction by her friends right after she had been outed by someone else. carl junction did nothing about it when my mom went to the school.
Post a Comment