Stosic v. W. Jefferson Hills Sch. Dist.
| Decision Date | 08 July 2022 |
| Docket Number | Civil Action 21-cv-1072 |
| Parties | MR. FRANK STOSIC, MRS. JODI STOSIC, and MS. DESTINIE BEDARD, Plaintiffs, v. WEST JEFFERSON HILLS SCHOOL DISTRICT, Defendant. |
| Court | U.S. District Court — Western District of Pennsylvania |
Re: ECF No. 10
Plaintiffs Frank Stosic (“Mr. Stosic”), Jodi Stosic (“Mrs. Stosic”) and Destinie Bedard (“Ms Bedard”) (collectively, “Plaintiffs”) bring this action against West Jefferson Hills School District (the “District”) arising out of allegations that Ms Bedard suffered race and gender-based harassment while she was a District student. ECF No. 9.
Presently before the Court is a Motion to Dismiss filed by the District. ECF No. 10. For the reasons below, the Motion to Dismiss is granted in part and denied in part.[1]
I. FACTUAL BACKGROUND
Mr. and Mrs. Stosic are the parents and legal guardians of Ms. Bedard. ECF No. 9 ¶¶ 6-7. At all times relevant to this action, Ms. Bedard was a student enrolled in the District. Id. ¶ 5.
Beginning in November 2017, Ms. Bedard became the target of derogatory, racist and sexist remarks on social media such as “slut,” “whore” and “nigger.” Id. ¶ 15. Mrs. Stosic reported these statements, which upon information and belief were made by a Caucasian male student, to the District's former principal, Mr. Christopher Sefcheck (“Sefcheck”), and the School Resource Officer, Mr. James Modrak (“Modrak”). Id. ¶ 16. Both men assured Mrs. Stosic that they would speak to the offending student to address the matter. Id. ¶ 17.
On November 13, 2017, the same day that Mrs. Stosic reported her concerns to the two District officials, Ms. Bedard received a vulgar text message from an unknown number that included the racist statement, “I hate niggers.” Id. ¶ 19. Afraid for Ms. Bedard's safety, Mrs. Stosic filed a police report. Id. ¶ 20.
Mrs. Stosic was never provided any information regarding the investigation that Principal Sefcheck and School Resource Officer Modrack indicated would occur. Id. ¶ 21. To Plaintiffs' knowledge, the offending student was never disciplined. Id. ¶ 22.
On December 20, 2018, Officer Marks of the Jefferson Hills Police Department informed Mrs. Stosic that the District failed to transmit any information to the Police Department regarding the harassment report made on November 13, 2017. Id. ¶ 23.
On January 16, 2018, Ms. Bedard was physically assaulted by another Caucasian, male student. Id. ¶ 24. During the assault, the male student physically lifted Ms. Bedard off the ground and slammed her into the floor. This incident occurred in the District's high school building. Id. ¶ 25. Plaintiffs believe that a teacher was present for the incident and never reported it to the District's administration. Id. ¶¶ 26-27.
Upon learning of the assault, Mrs. Stosic left work and drove to the high school to meet with the principal. Id. ¶ 28. Mrs. Stosic and her daughter attended a meeting with Principal Sefcheck and Superintendent Michael Ghilani (“Ghilani”). Id. ¶ 29. During this meeting, Principal Sefcheck and Superintendent Ghilani questioned whether Ms. Bedard was assaulted by her Caucasian peer, or if it was “horseplay.” Id. ¶ 31. Ms. Bedard confirmed that she was assaulted, and that the student's actions were intentional. She also indicated that other witness statements would establish the intentional nature of this assault. Id. ¶ 32. Ultimately, the student who assaulted Ms. Bedard received a one-day suspension. Id. ¶ 33. Ms. Bedard suffered a concussion, requiring medical care. Id. ¶ 34.
On January 23, 2018, Mrs. Stosic gave a PowerPoint presentation to the District to share her concerns about the District's failure to address systematic racial discrimination and to protect its students from harassment. Id. ¶ 35.
Ms. Bedard's concussion symptoms from the assault worsened, causing her to miss midterm examinations, school activities, and other events. Id. ¶ 36.
Other students began bullying and blaming Ms. Bedard for the incident. A Caucasian student sent text messages to her phone that said, “It's your fault, you know nothing is going to happen, fuck you for going to the authorities.” Id. ¶ 37. Ms. Bedard and Mrs. Stosic made the District aware of the ongoing bullying and harassment. Id. ¶ 38. The District did not do anything to protect Ms. Bedard, to ensure her safety, or try to stop the ongoing harassment. Id. ¶ 38.
Over the next four months, Mr. and Mrs. Stosic emailed District officials relative to hateful text messages that Ms. Bedard was receiving from peers and teachers asking when she was transferring to another school. Id. ¶ 39. They also communicated their concern for their daughter s safety. Id. ¶ 40. When asked to identify specific students who were harassing and bullying her, they did so. Plaintiffs were only advised that the offending students were given a warning and instructed to stay away from Ms. Bedard. Id. ¶¶ 42-49.
Finally, in May of 2018, Mrs. Stosic filed an Educator Misconduct Complaint with the Pennsylvania Department of Education against Principal Sefcheck. Id. ¶ 50.
On August 2, 2018, Mrs. Stosic attended a band meeting with other parents where the band director alluded to racial incidents from the previous school year that appeared to refer to Ms. Bedard. Id. ¶ 51. In response, the District emailed that: Id. ¶ 52.
In approximately September of 2018, someone keyed Ms. Bedard's vehicle while it was parked in the District's high school parking lot. Id. ¶ 53. The District told Ms. Bedard they could not and would not investigate the incident, as the District did not have any cameras in the student parking lot. Id. ¶ 54.
In November 2018, Ms. Bedard won the Student of the Month award. She attempted to return paperwork to the Assistant Principal's Secretary, Dorothy Kutscher, to accept that award, but Ms. Kutscher told Ms. Bedard that she was ineligible for the award. Id. ¶ 56. Mr. and Mrs. Stosic asked for clarification. The District apologized but failed to remedy the matter. Id. ¶ 57.
In November or December of 2018, Ms. Bedard tried out for the girls' basketball team. Every student who tried out made the team with the exception of Ms. Bedard. The District did not explain why Ms. Bedard was the only student not permitted to participate. Id. ¶¶ 58-59.
In February 2019, Ms. Bedard continued to be bullied and harassed by Caucasian peers on District property. Caucasian peers would make derogatory and racist comments to Ms. Bedard, and they would touch and pull Ms. Bedard's hair without permission. Id. ¶¶ 60-61.
Ms. Bedard and Mrs. Stosic told District High School Principal Paul Ware about the harassment Ms. Bedard was experiencing. Rather than responding appropriately, he excused one of the student's behavior and told Mrs. Stosic to call the offending student's parents to request that he apologize, but he offered no additional support or assistance. Id. ¶¶ 62-63. Also, in February 2019, Ms. Bedard saw the words, “Fuck Niggers” carved into the lunch table in the District's high school. Id. ¶ 64
In April 2019, Ms. Bedard tried out for captain of the Majorette Team. She was not chosen as captain. Instead, a Caucasian peer was selected. Id. ¶ 68.
In May 2019, a female Caucasian peer began yelling at Ms. Bedard in the high school hallway. When Ms. Bedard spoke to Assistant Principal Adam Knaresborough about this harassment, he told Ms. Bedard that it was in her best interest to befriend the student. Id. ¶¶ 6667.
During the 2019-2020 school year, Ms. Bedard was a member of the District's high school majorette team. Id. ¶ 68. She was the only student of color on the majorette team. Id. ¶ 71. On September 20, 2019, Ms. Bedard experienced a foot injury after an accident at a game. Id. ¶ 69. On September 23 and 24, Ms. Bedard was not permitted to participate in majorette practice, despite having a doctor's note that permitted her to do so. Then, on September 26,2019, Ms. Bedard was inexplicably not permitted to march with the majorette team. Id. ¶¶ 69-70.
On September 27, 2019, Plaintiffs asked the District to explain why Ms. Bedard had been prohibited from participating. They also questioned why a Caucasian student who they believed had been disciplined and suspended weeks earlier was permitted to march with the band when Ms. Bedard was not. Id. ¶ 72.
On October 3, 2019, the District stated they were investigating Plaintiffs' concerns. Id. ¶ 73. On October 18, 2019, the District emailed Mr. and Mrs. Stosic, stating that the family's facts were inaccurate. Id. ¶ 74.
Plaintiffs' repeated attempts to ask for help from the District's Administration were ignored, and Ms. Bedard feared for her safety in school and in the community. Id. ¶¶ 75, 81.
As a result of the assaults, discrimination and harassment, Ms. Bedard began suffering from severe depression. Id. ¶ 82. These experiences caused her grades to drop dramatically, and she was forced to quit the high school band and sports she once enjoyed playing. Id. ¶ 83.
On July 10, 2019, Mrs. Stosic filed a racial discrimination and harassment complaint against the District with the Pennsylvania Human Relations Commission. The Complaint referenced a child, by name, who allegedly harassed Ms Bedard. The named child is the son of a District employee. Id. ¶¶ 85-87. That District employee then filed a lawsuit against Mrs. Stosic. Id. ¶ 90. Plaintiffs state that these actions...
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