VIRGINIA BEACH, Va. (WAVY) — The mother of the 11-year-old boy suspended from school after alerting his principal at St. John the Apostle School of another student bringing a bullet to class is filing a lawsuit against the school for breach of contract.
The lawsuit asks for the amount of $4,870 to be paid to the plaintiff to represent the tuition paid, as well as any attorney fees and any further relief.
“So, this is a private school, and the mother paid the school to perform education services,” said attorney Tim Anderson, representing the family of the suspended 11-year-old. “The school breached the contract by not providing those educational services, by suspending him without any authority to do so.”
According to court documents, the plaintiff’s son, known as ‘A.W.’ in the lawsuit, reported the incident to his principal, Jennifer Davey, just two hours after another student showed him the bullet on Sept. 5.
Shortly afterwards, Virginia Beach police arrived to the school, where the bullet was then confiscated from the student and he was subsequently suspended for 1.5 school days.
The lawyer representing the school wrote to Anderson that the school refused to reduce the suspension, claiming, “the school will not take chances when it comes to student safety.”
In response, Anderson said “Where does it say that he should get suspended if he doesn’t immediately report some kid bringing a bullet? It doesn’t.”
Despite reporting the incident, A.W. was also suspended from school through Sept. 6 for “failing to immediately report the bullet to school officials.” The lawsuit states that since this was an out-of-school suspension, it will remain on A.W.’s permanent academic record.
Anderson noted that the school has claimed suspensions do not follow a student’s academic record, but he said that’s not true.
“When you are applying to Catholic school every year, you are asked a question, ‘Have you ever been suspended? He’ll have to answer that question affirmatively to any catholic school or any other school that asks him that…have you ever been suspended? You’ll have to say ‘yes.’ So, it impacts him for the rest of his career,” Anderson said.
That’s why Anderson and the 11-year old’s family want the suspension reversed with an apology.
The Catholic Diocese of Richmond said that “with regard to the student records, disciplinary matters do not remain on a student’s permanent academic record and have no bearing on high school or college-admissions applications. We can’t speak to the validity of the record you say you have reviewed.”
“I think the big lesson here is if you see something keep your mouth shut,” Anderson said. “He wouldn’t have gotten into trouble if he hadn’t said anything, but because he did talk not only did he get outed by the school to his friend, but he got suspended and that’s a terrible lesson for the 11-year-old to learn.”
The lawyer representing the school wrote to Anderson that the school refused to reduce the suspension claiming, “the school will not take chances when it comes to student safety.”
The lawsuit, as well as the Student-Parent Handbook, can be found below:
The lawsuit insinuates that, according to the Student-Parent Handbook given out prior to the school year, it is not required for students to immediately report any school safety concern, including the ammunition of a student, to school administrators.
The school, however, said they are “entitled to suspend the student pursuant to Section J of the Tuition Contract,” which allows school administrators some discretion regarding discipline if it is in the best interest of the student or the school.
The lawsuit claims the school incorrectly interpreted Section J, which actually creates a “chilling effect on future reporting.”
“Where does it say that he should get suspended if he doesn’t immediately report some kid bringing a bullet,” Anderson said. “It doesn’t.”
Anderson said the suspension was a total overreaction, that the bullet possessed no immediate harm.
Further, the lawsuit states the school breached their contract with the plaintiff, as the mother paid for educational services that were ultimately not provided, creating an unsafe learning environment.
The lawsuit notes that A.W. has also faced bullying from other students, including “physical assault of pushing by other students” and “isolation from activities by other students.”
“So, we are alleging that they’re not providing a safe environment for learning,” Anderson said, “and then not intervening with the bullying — the bullying that’s very clear and in front of all of the administrators’ eyes. … So right now, he’s being bullied. The kids are picking on him because he’s a rat. He’s a narc. He told one of his friends, and we want the school to intervene in that, and stop that … That is to say, ‘Hey, you did the right thing. You’re the hero here.”
The Catholic Diocese of Richmond, in response, said that “we are committed to keeping students safe, and that extends to our bullying prevention efforts as well. However, we simply do not speak about specific students and families.”
“I think the big lesson here is if you see something keep your mouth shut,” Anderson said. “He wouldn’t have gotten into trouble if he hadn’t said anything, but because he did talk not only did he get outed by the school to his friend, but he got suspended and that’s a terrible lesson for the 11-year-old to learn.”
Anderson said the suspension was total overreaction, that the bullet possessed no immediate harm.
“So, the school has a duty to make it safe, and if a kid brings a bullet to school,” Anderson said, “why didn’t the school intercept that? You know, where are the metal detectors in the schools? Where are the people checking the bags? It’s not the 11-year-old student’s duty to be the safety officer of the school. The school breached its duty.”
Anderson also received another note from the diocese asking to confirm that the parents will support the school’s decision to suspend the student who reported the bullet on its property.
The child’s mother, Rachel Wigland, however, does not support the school’s decision.
“I think it is extremely harsh,” she said. “It is unjust and it’s ludicrous to suspend the reporting person.”
