Maui student part of bullying lawsuit against state DOE

A Maui woman is among three sets of parents statewide who have filed a lawsuit against state public schools Superintendent Christina Kishimoto and other Department of Education employees for allegedly failing to respond to and preventing harassment and bullying of their children in school.

The class action lawsuit was filed on Aug. 30 in U.S. District Court by Honolulu attorney Eric Seitz.

“This action arises from the defendants’ deliberate and ongoing failure to satisfy their obligation to provide for the basic safety and well-being of students throughout the state and from the department’s grossly inadequate policies, procedures and practices for responding to and preventing student harassment and bullying,” the suit says.

Seitz said other parents whose children have suffered similar experiences may also contact him to become part of the class action lawsuit.

One of the three cases cited in the suit involves the Maui woman’s minor child, who was sexually harassed and bullied by another student at Wailuku Elementary School during the 2017-18 school year.

It said multiple reports were made to various school officials, but the school failed to act appropriately, leading the child to be fearful of using the bathroom at the school. That was the place where a bully suggested harm would occur. The student in June suffered from a bowel obstruction, likely caused by stress and unwillingness to use the bathroom at school, the suit said.

Wailuku Elementary School Principal Beverly Stanich could not be reached for comment. She is named as a defendant in the suit.

An Education Department spokeswoman said she could not comment on pending litigation.

But in an opinion piece published in Wednesday’s Honolulu Star-Advertiser, Kishimoto discussed bullying, noting that “the Hawaii Department of Education administration, the Board of Education, teachers and staff — remain as committed as ever to providing a safe learning environment for all of our students.”

She said internal processes are routinely reviewed, and the department is continuously seeking out opportunities to improve.

Kishimoto added that soon there will be an anti-bullying smartphone application “designed to improve and strengthen responsiveness through options for confidential reporting.”

In the Maui case, the complaints of sexual harassment and bullying were reported to school officials, including teachers, counselors and the vice principal, on multiple occasions and through various means, but the school failed to investigate or to take action, the suit said.

Harassment against the student escalated and included threats that the child would be killed or choked in the bathroom, the suit said. In May, the victim was again sexually harassed by the same student and the victim continued to receive repeated threats of being choked in the bathroom.

On or about June 5, the student was rushed to the hospital with severe abdominal pain. She had a bowel obstruction likely resulting from stress and her unwillingness to use the bathroom at the school due to the threats, the suit said.

Only after receiving another complaint detailing the May incident and following medical complications did the school file a report with the police, the suit said.

It was then that the principal offered summer counseling for the victim should she desire and that the victim check in with a counselor on a daily basis.

The suit details other bullying, harassment and or assault cases at two Oahu schools — Mililani Middle and Castle High.

Elynne Chung, principal of Mililani Middle School; Bernadette Tyrell, principal of Castle High School; and Robert Davis, Central Oahu Complex Area Superintendent, also are named in the suit.

The suit seeks damages and the appointment of a special master to operate the state Department of Education to ensure students’ safety.

Class action case filed in U.S. District Court includes Wailuku School