Teachers and school officials have a tough job. They not only have to juggle teaching kids, their different needs, their parents, and the demands made on them by the school bureaucracy. Of all the things on their plate, nothing is more important than keeping kids safe. A California school accused of letting the bullying of a child continue recently settled a wrongful death case by his guardians for $27 million.
Bullying in American Schools
Bullying is common in US schools, according to the National Center for Education Statistics, affecting millions of kids. They estimate that in 2019:
- 22% of students 12–18 years old reported bullying at school during the school year
- Bullying included being the subject of rumors, being made fun of, called names, insulted, purposefully being excluded from activities, being pushed, shoved, tripped, spit on, threatened with harm, attempts to make them do things they didn’t want to do and intentional destruction of property
- A higher percentage of female students than of males reported school bullying
- Mixed-race students had higher bullying rates than those of other races
- Student bullying by grade level shows that the percentages of those reporting bullying were higher in middle school than in high school
- Rural areas had the highest bullying levels
With the increasing use of smartphones, texts, and social media, the bullying students suffer is often online.
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Thirteen-Year-Old Beaten and Killed By His Abusers
Juana and Felipe Salcedo, Diego Stolz’ guardians, sued the Moreno Valley Unified School District after his September 2019 death. They alleged school officials ignored bullying complaints they made to Landmark Middle School in 2018 and 2019.
The school system settled the wrongful death case in September for $27 million. To date, that’s the largest school bullying settlement in history. The Salcedos became Diego’s guardians after both his parents died, according to NBC News.
Diego died nine days after he was attacked during lunch in the school cafeteria. A video released by the Salcedo’s attorneys shows that on September 17, 2019:
- Diego standing with his hands at his side, showing he didn’t want to fight or escalate the situation
- Another boy swings his fist at Diego
- A second punches him in the head
- Diego falls, and his head hits a concrete pillar
- The first boy rushes towards Diego and hits him in the face
Diego suffered traumatic brain injuries and never regained consciousness.
The two 14-year-old assailants entered the equivalent of guilty pleas in the local juvenile court to involuntary manslaughter and assault. They were in juvenile custody for 47 days and ordered to undergo anger management therapy.
Wrongful Death Case Accuses School Administration of Inaction After Being Told Student was Previously Attacked
The Salcedos state:
- Four days before he was attacked, Diego sought help from his science teacher after he was sucker-punched in the head
- The teacher told the Assistant Principal that day. She claimed she would look at security footage to find the perpetrators but failed to do so
- The next day, the Salcedos’ adult daughter and Diego talked with the assistant principal. She told them she knew who Diego’s alleged bullies were, and they would be suspended
- The assistant principal stated she would change class schedules so Diego would be with his bullies in classes. She failed to do so
- The lawsuit claims the district has “a long history” of not protecting students from bullies and acted negligently by not creating effective safety procedures to protect them
Kamilah O’Connor was the assistant principal, according to the Los Angeles Times. At the meeting, she reassured Diego and promised his bullies would be suspended for three days starting the following Monday. When Diego returned to school that day, his attackers were waiting for him.
School district Superintendent Martinrex Kedziora, in a letter to parents after the settlement, stated the district made several changes in how bullying reports are handled after Diego’s death.
Contact Us Today
The Fleck Firm is here to help you after the death of a family member. If they, or the deceased of an estate you represent, was fatally injured in an accident or an intentional act, contact The Fleck Firm today at (270) 446-7000. Remember, Insurance companies have lawyers. You should have one, too.
