A lawsuit against Kalamazoo Public Schools alleges the district failed to properly investigate and prevent the bullying and assault of an LGBTQ+ student in April of 2023.
Documents filed with the U.S. District Court for the Western District of Michigan on Feb. 26 claim a group of Loy Norrix High School students filmed a non-binary schoolmate undressing in the gym locker-room and also recorded themselves assaulting her in a school bathroom.
Eric Delaporte is with Delaporte Law, the firm representing the student, who was allegedly targeted because of her identity.
"I was looking at a situation that was just offensive and it offended me from a civil rights point of view and a civil liberties point of view. And so I took that case," he said.
According to the filings, the student, referred to as Jane Doe, was the subject of hateful remarks in a Snapchat group, which insulted her appearance and gender identity.
Doe reported this to school employees, but the lawsuit says nothing was done.
The students from the Snapchat group would later go on to trap Doe in a girls' locker room while she was changing, filings claim, with one videotaping her undressing and sharing the video with other students.
"This video was seen by school employees. However, they never obtained a copy of it. Never attempted to secure the evidence," Delaporte said.
Doe was 14 years old at the time of the incident, according to the lawsuit.
Delaporte said Doe was eventually able to escape the locker room and reported the incident.
"She again notified the school district. She was assured that something would be done and that she didn't need to worry about it because they would be removed, these perpetrators would be removed from the school."
But Delaporte said the students were not removed, leading to another incident the same day.
"She ended up in a restroom where she was cornered by these young ladies who pounded on her stall door and harassed her and surrounded her and forced her into defending herself."
The lawsuit says Doe's assailants punched her multiple times in the side of the head, adding that the assault was filmed by one of the perpetrators and again shared with other classmates.
"At that point, finally, after failing to provide her with any type of safety or any other type of measures to protect her, any type of protection, along came the security guard who grabbed her, literally dragged her out of the restroom and and brought her down to the principal," Delaporte said.
"Ultimately she was disciplined, she was punished for what occurred."
Delaporte added that, to their knowledge, Doe's bullies were not punished.
The lawsuit also claims KPS mishandled a Title IX complaint filed by Doe after the incidents, failing to investigate Loy Norrix employees named in the complaint and not addressing "crucial facts," including the footage taken of Doe in the locker room.
"This entire thing is just a bad situation. It was poorly handled. And I think the most troubling thing is, had the school district taken responsibility, we wouldn't be here," Delaporte said.
In an email, KPS stated that the district does not comment on pending litigation.
Michael Symonds reports for WMUK through the Report for America national service program.
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