Lawsuit: Newport-Mesa School Allowed Sexual Orientation Bullying Of 5th Grader

Categories: Court, School Daze

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A complaint by the mother of a 2011, fifth-grade student at Newport Heights Elementary School that her daughter was "bullied" and forced to endure a "hostile," anti-gay environment tolerated by administrators has landed inside Orange County's Ronald Reagan Federal Courthouse.

The lawsuit filed by "Jane Doe," the alleged victim's mother who wishes to keep her identity hidden, portrays the life of her daughter, "Mary Doe," as unbearable at the school because students and teachers openly discriminated against the child and forced her to change schools.

"Despite the fact that plaintiff Mary Doe was being harassed by both fellow students and school staff, school and district employees failed to take proper action in order to protect plaintiff from a hostile environment," alleges the lawsuit now inside U.S. District Court Judge James V. Selna's Santa Ana courtroom. "Having no other recourse, plaintiffs were forced to bring this suit in order to seek declaratory, injunctive, or monetary relief from the district, district employees and officials for depriving them of established constitutional rights based on their actual or perceived sexual orientation, sex and sex stereotyping."

The lawsuit asserts that the bullying began when the fifth grader complained that her teacher was bringing her toddler-age child to class.

Those complaints sparked "retaliation," according to Alex L. Benedict, the Huntington Beach-based plaintiff's attorney who says school administrators acted with "deliberate indifference" but "had a duty to provide and ensure an educational environment for [the alleged victim] and other students, free of sexual innuendo, intimidation and discriminatory animus, and to enforce the rules, regulations and laws necessary to protect them from acts of sexual harassment."

In addition to seeking monetary damages, the plaintiffs seek a court order to force school district officials to ban future discrimination practices and to launch diversity training.

Lawyers at Lynberg & Watkins, an Orange-based firm that specializes in representing government entities and is handling the defense in this case, filed a motion to dismiss that essentially characterizes the complaint as wild nonsense unsupported by a single fact and notes that the mother did not witness any alleged discrimination firsthand.

Selna scheduled an April 21 session to hear arguments.

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Email: rscottmoxley@ocweekly.com. Twitter: @RScottMoxley.

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14 comments
Salesfuel
Salesfuel

No child should ever feel unsafe or ridiculed at school. It's a disgrace that anyone would think otherwise or not give the student the benefit of the doubt.

Salesfuel
Salesfuel

No child should ever feel unsafe or ridiculed at school. It's a disgrace that anyone would argue otherwise or not give the child the benefit of the doubt.

Salesfuel
Salesfuel

No child should ever feel unsafe or ridiculed at school. It's a disgrace that anyone would think otherwise or not give the student the benefit of the doubt.

truelyborning
truelyborning

How sad for this child .

Shame on the school and school district!

sweetliberty17761776
sweetliberty17761776 topcommenter

The little girl as well as others must learn that left on left bullying is generally acceptable , as long as you are the correct race etc



BUT EVEN THEN EXCEPTIONS NEE SACRIFICES MUST AND WILL BE MADE


unions first


salary and benefits next


starring on a reality show


then


students 

Charlie
Charlie

If the child is at school, and, correct me if I'm wrong, but my mom didn't attend classes with me.  So how, exactly, is the mother supposed to witness discrimination by the teacher and classmates DURING SCHOOL HOURS when she is not there?

949girl
949girl topcommenter

The details offered are pretty vague.  This could just be a disgruntled parent seeking revenge.  Like a Jill Easter situation.  Will wait for more details to come out before believing the school bullied her.

mikeknowles
mikeknowles

i dont understand? is this Jane Doe a real girl or a chick with a dick?

rankwoodlandlowblow
rankwoodlandlowblow

Parents on campus all the time  and asked to go on field trips etc....Discrimination can be as obvious as choosing to have student with whole class as witnesses leave her room during instruction time to attend another class intended for remediation even when not necessary.  Studyiong law can be fun because you get to see all the documented evidence.  You sound smart That was a valid question 

sweetliberty17761776
sweetliberty17761776 topcommenter

@Charlie  


huh?


the child reported that the teacher brings her toddler to school



strike 1 n 2


start with that

rankwoodlandlowblow
rankwoodlandlowblow

Mike Knowless Your comprehension refelects attitude of student taught by teacher who tends to her child at school instead of her students....Dudde Jane is hot

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