The mother of a Cedar Springs graduate filed a lawsuit in Federal Court last week against Cedar Springs Public Schools and several administrators regarding how they allegedly handled an assault that occurred in 2014.
The lawsuit claims that the defendants’ “indifferent response to a student-on-student sexual assault on school premises and subsequent sexual harassment” violated Title IX, which bans sex discrimination in educational programs that receive federal funding, as well as denied the student’s right to equal protection under the fourteenth amendment.
According to the lawsuit, in the fall of 2014, the student had a locker next to another student, simply known in the lawsuit as “JD.” The suit alleges that JD began to slam the door of the lockers into the plaintiff. A school official that witnessed it then allegedly told the plaintiff that JD likely had a “crush” on the plaintiff and was merely flirting. No action was taken to curb the locker-slamming.
The plaintiff then notified an administrator that the incidents were occurring and she wanted JD to stop. The administrator allegedly told the plaintiff that it was “horseplay” and that there was nothing the district could do.
The lawsuit then states that on October 9, 2014, the plaintiff was at her locker, leaning towards the interior when JD slammed the locker door into the plaintiff’s head. He then walked away, laughing. The suit says that the locker door hit her head so hard that she experienced immediate pain and started crying. The girl went to her next class, and the teacher sent her to the office. Officials gave her ice for her head, but did not seek medical attention. An official reviewed video footage, but said it was blurry.
The girl’s mother arrived at school but was not allowed to see the video. She became frustrated with the lack of cooperation from school officials and was escorted from the premises. She then took her daughter to the hospital, where she was diagnosed with acute head trauma, having sustained a concussion. She received a CT scan two days later, and another in January 2015. She was also diagnosed with vestibular dysfunction, including dizziness, fatigue and some memory dysfunction. She also began suffering from headaches.
The plaintiff’s parents said they attempted to contact the Superintendent about their daughter’s safety, but she did not return their calls.
School officials initially said plaintiff could move her locker, but ended up having JD move his. She still saw him throughout the day, however. The parents then filed a complaint with police against JD and he was charged with assault and battery. JD then allegedly began spreading rumors about the plaintiff, and bullying her. Plaintiff reported this to school officials, but the suit says no steps were taken to stop the harassment.
The plaintiff says she still suffers physical pain, as well as emotional and psychological distress.
The Post emailed the Superintendent VanDuyn about the case and the effectiveness of current anti-bullying programs, but she did not respond to our request for comment.
The School did implement several anti-bullying measures the last couple of years, including the OK2Say program, a peer listening group, and partnered with the Kent County Sheriff’s Office to employ a full-time deputy on campus.