| Published on Aug. 21, 2018 | In the Columbia Missourian |
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The mother of a 13-year-old girl who died by suicide in April 2017 is suing the Hallsville R-IV school district, alleging that district administrators ignored their complaints that she was bullied and failed to comply with district and Title IX anti-bullying and discrimination policies.
The district’s inaction, plaintiff Elizabeth Overstreet alleges in her wrongful death lawsuit, created a humiliating and hostile environment at school that caused her daughter, Rylie Wagner, to take her own life.
Overstreet is suing the district as well as John Downs, superintendent; Ty Sides, who was assistant principal of schools at the time of the alleged bullying; and Clint Hague, who was middle school principal at the time. Sides has since become middle school principal.
The suit was originally filed July 17 in the 13th Circuit Court. It was transferred to the U.S. District Court for Western Missouri on Sunday, according to records in Missouri Case.net.
The 10-count petition seeks compensatory damages for the loss of Overstreet’s daughter as well as costs related to medical bills for injuries Rylie allegedly suffered from bullying, including a torn meniscus. It also seeks to recoup costs for Rylie’s burial, attorney fees and other expenses as well as punitive damages to deter future negligence.
Overstreet, who is represented by attorney Chip Gentry at the Call & Gentry Law Group of Jefferson City, said her daughter was severely bullied for years by several students because of her gender and sexual orientation and that school administrators failed to adequately investigate or report that bullying. The actions included teasing, name-calling, physical attacks and other forms of bullying, Overstreet alleges.
“Rylie was the victim of repeated bullying, discrimination, harassment, assault and battery by fellow students and teachers who targeted kids like her due to the differences in gender, sexual orientation, perceived sexual practices, popularity, clothes, financial status, appearance, etc.,” the lawsuit reads. … “Rylie was repeatedly called derogatory names and put in difficult, abusive, harassing, and humiliating situations that were physically and psychologically dangerous.
“At no time in her schooling within the Hallsville R-IV school district did Rylie ever receive protection from the constant and ongoing abuse and harassment by her classmates.”
She also alleges that the school’s environment encouraged bullying through consistent inaction on the part of administrators. The lawsuit notes that state law requires school administrators to report some of Rylie’s experiences to authorities, including alleged instances of first- and second-degree assault and severe harassment causing emotional distress.
According to the lawsuit, in addition to emotional distress, Wagner experienced cause to “fear for her safety, belongings and well-being.”
It argues that administrators and the district “engaged in a pattern of blaming and ignoring victims of bullying,” despite a district policy that requires sanctions such as suspensions for students who bully others.