Father of autistic student sues Geneva school district over bullying

The father of a seventh-grade boy with autism has filed a federal civil rights lawsuit against Geneva Unit School District 304, alleging his son was a victim of long-term bullying, despite numerous requests by his parents for officials to intervene.

The 51-page complaint, filed Aug. 24 in U.S. District Court, claims the district violated the Americans with Disabilities Act and due process under the 14th Amendment, and alleges unlawful disability harassment under the Rehabilitation Act.

The complaint also names Geneva Middle School South Principal Terry Bleau and Assistant Principal Daniel Jones as defendants, alleging they did not follow the district's code of conduct and bullying policies.

The lawsuit alleges officials' inaction resulted in the boy being "both physically damaged and, more significantly, mentally/psychologically damaged. ... The District 304 personnel at GMSS were the adults charged with protecting (the boy), responding to his concerns and keeping him safe while he was in school."

The stress caused the boy to suffer severe anxiety, stomachaches, headaches, vomiting, chest pains, emotional outbursts and excessive hand washing "to the extent that skin was coming off his hands," and the stress caused the boy's mother to have a stroke on Oct. 5, 2021, the lawsuit alleges.

"It's a shame that it came to this," said the family's attorney, Edwin J. Hull III. "We wouldn't have taken these steps or be in this situation if district personnel had simply done their jobs."

In an email response, the district stated: "The District is committed to maintaining a safe, supportive and welcoming school environment where all students achieve academically, socially and emotionally. The District has not yet fully reviewed the Federal Court Complaint, but will carefully analyze the Complaint and respond through the litigation process. The District will not otherwise comment on ongoing litigation related to a student as it must maintain all student record and educational record information confidentially."

The lawsuit does not state an amount of damages being sought, outside of legal fees, compensatory monetary damages and other relief as the court deems.

"We haven't put any dollar amount in there yet because the minor is still being treated and we need to see how that's all going to end before we put an actual number on the case," Hull said. "We don't know what extent of injuries or damages will be."

In addition to autism, the boy has attention deficit hyperactivity disorder, an anxiety disorder and a physical disability that affects his walk, according to the lawsuit.

According to the lawsuit, the boy's parents made 37 requests for a safety plan for their son during the fall months in 2021. By January, the district proposed an inadequate safety plan, according to the suit.

The safety plan "was very focused on keeping (the boy's) father ... away from being physically present in the school building despite their knowledge that (the boy) requested that his father be allowed to be present and (the boy's) statements that having his father present would make him feel safe," the suit states.

By mid-December, the boy did not want to attend school anymore because he did not feel safe, the suit states.