Bakersfield – Just days after federal officials found the Tehachapi Unified School District failed to investigate or respond appropriately to the bullying of a gay, 13-year-old middle school student who later hanged himself, his mother filed a wrongful-death lawsuit.
In fact, the findings of the investigation released Friday are the foundation for Wendy Walsh’s suit. The suit states that ongoing harassment of her son Seth was common knowledge by school staff, they did little to stop it, and because of the negligence, Seth hanged himself.
Walsh, in a suit filed Tuesday, is seeking compensation for wrongful-death damages, medical expenses and punitive damages.
“I want accountability,” Walsh said Tuesday, sitting next to her attorney, Daniel Rodriguez.
In September, Seth Walsh hanged himself in his backyard and died a week later. He left a suicide note expressing anger at his school “for bringing you this sorrow.”
Tehachapi Unified’s school board in April rejected a wrongful-death claim filed by Walsh, as is routine. The filing and rejection of a claim are often the precursors to a lawsuit.
The suit names as defendants the school district, Superintendent Richard Swanson, Jacobsen Middle School Principal Susan Ortega, Vice Principal Paul Kaminski, teacher (first name not clear) Kirby, teacher Laura Haight, teacher Laura Kabonic and teacher Marty Feehan.
The findings of the seven-month investigation by the U.S. Department of Education and U.S. Department of Justice is being considered by some civil-rights groups as “landmark.”
As a result of that investigation, Tehachapi Unified will soon be taking several steps to stop sexual- and gender-based harassment, prevent its recurrence and eliminate a hostile environment. That includes revising policies; training all students, administrators, teachers and other staff; and repeatedly surveying the campuses on sex-based harassment issues
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