Clovis boy with special needs was bullied repeatedly and schools ‘did nothing,’ lawsuit says

The family of a 14-year-old boy says he was repeatedly bullied, assaulted, harassed, and subjected to death threats and taunting while attending four different Clovis Unified elementary schools over nearly two years.

Allison Newman, the child’s mother, is suing the Clovis Unified School District and Superintendent Eimear O’Farrell over what the lawsuit describes as a “pervasive culture of bullying and harassment” and failing to protect the child.

The complaint describes the child as having disabilities, including Post Traumatic Stress Disorder, Obsessive Compulsive Disorder, and Attention Deficit Hyperactivity Disorder.

The complaint was filed on April 27 in Fresno County Superior Court. The Bee is not identifying the child by name because he is a minor.

Newman is seeking unspecified damages but, according to a copy of a damage claim submitted to CUSD last year, she expects damages to exceed $50,000.

“It was a difficult decision for Ms. Newman to bring this lawsuit as it involves reliving so much pain that their family has experienced,” Newman’s attorney, Jennifer Miller, told The Bee. “But she felt it was important that they stand up for what is right and bring light to the important issue of bullying and the lack of response from the schools.”

In the lawsuit, Miller says Clovis schools repeatedly “protected the bullies” by failing or refusing to take any action to protect Newman’s son. Instead, according to the lawsuit, school officials “repeatedly initiated disciplinary measures against” Newman’s son, resulting in suspensions.

According to the lawsuit, Newman’s son changed schools three times in less than two years to escape the alleged bullying, but trouble followed him everywhere he went.

The child left Fugman Elementary in January 2018 and attended Clovis Community Elementary until March that year. He then transferred to Copper Hills Elementary until October 2019, when he moved to Maple Creek Elementary after voicing suicidal thoughts.

“The district did nothing to intervene despite Ms. Newman’s continuous reports of ongoing bullying,” the lawsuit says.

The complaint details several alleged incidents at each of the schools, except Clovis Community Elementary.

In one example dated Oct. 14, 2019, the child was on a field trip with other Maple Hills classmates when three boys allegedly pinned him to the floor and removed his pants. On the return trip, the complaint says the child was “slapped in the face twice on the bus by fellow students.”

Other alleged incidents detailed in the complaint say the child was called the N-word, threatened with a knife, and assaulted. The child is not Black, Miller said.

The child “has repeatedly been hit, punched, hit in the private parts, made fun of, outcasted, and cyberbullied,” the complaint says. “These acts of bullying and aggression continue to this day with full knowledge by school administration that (the child) is being subjected and bullied on a near daily basis.”

The lawsuit says Clovis school officials repeatedly blamed the child for the problems he experienced across the four schools in less than two years.

“Despite Ms. Newman’s attempts to address her concerns with CUSD, the administration would downplay the incidents and reprimand (her son) as the instigator and agitator often ignoring the behaviors of other students involved while specifically ignoring (her son’s) disability,” the complaint says.

The complaint chides CUSD for frequently toting its “zero tolerance” policy for bullying.

“Yet, the District and its school administrators failed at every turn with respect to the bullying of (Newman’s son),” the complaint says. “The District had years to stop the bullying and failed to do so.”

Miller said that since parents are required by law to send their children to school, they must entrust that schools will protect their children.

“But Clovis clearly failed in this case,” she said. “Parents have the right to know that their children are safe when they attend school. Children need a safe place to learn and grow, and by holding our schools accountable, we can give them this opportunity.”

Clovis Unified responds

Clovis Unified spokesperson Kelly Avants said the district has not yet been served with the lawsuit, likely because the pandemic has slowed down the court system. She says the district has programs and supports in place “to create an environment free from behavior that interferes with any student’s ability to engage in learning.”

“When issues of alleged bullying or harassment occur, they are treated seriously and immediately acted upon using every resource available to us whether school-based or through the California Education Code,” she said.

Training and programs, such as peer counseling, restorative practices, and emotional wellness work, aim to stop bullying and harassment, she said. “Parents should expect that their school site will treat concerns seriously and make every effort to reasonably respond to the issue.”

School principals should be the first to talk to when parents have concerns, along with teachers, coaches, or advisors, Avants said.

“If the school site administrators are unable to resolve a concern, a parent should next contact the District’s Assistant Superintendent of his/her child’s school area,” she said. The next step is talking with the Associate Superintendent of School Leadership and then the Superintendent.

A case management conference is set for Aug. 26 before Judge Gabriel Brickey in Fresno County Superior Court.

This story was originally published May 7, 2021 at 8:08 AM.