Father Files Lawsuit Against D304 For Inaction On Son's Bullying

GENEVA, IL — The father of a then-seventh-grade boy with autism has filed a lawsuit against Geneva School District 304, alleging the district did not intervene to stop long-term bullying after numerous requests, documents show.

The 51-page lawsuit was filed Tuesday in the U.S. District Court for the Northern District of Illinois. The suit, which also names two Geneva Middle School South employees, claims the school violated the Rehabilitation Act of 1973 and the Americans with Disabilities Act while causing intentional infliction of emotional distress.

Patch is not identifying the boy or his parents because he is a minor.

The incidents date back to August 2021, according to the court filing. It alleges the boy joined the middle school football team and was harassed, bullied, mocked and criticized by teammates. As a result, the boy was left "physically damaged, and more significantly, mentally/psychologically damaged," according to the suit.

The family said the boy's mother contacted coaches and school administrators multiple times about the bullying that continued throughout the season and after it ended.

The bullying didn't stop. After an incident in which team members jumped the boy and ripped his neck chain off, the suit says his parents received an email acknowledging the report and promising to take action.

"After this bullying and these assaults were reported, no action was taken ... to punish or discipline the students that assaulted, bullied, and harassed [the boy] and no action was taken to end or prevent the harassment," the lawsuit reads.

Another time, the suit claims, a student threw a bag full of Doritos at the boy's face, but when his parents reported it, an assistant principal said it was the boy who threw the bag. As a result, he was sent to in-school detention, according to documents.

The complaint details other instances, including when the boy's locker was defaced and when he was not allowed to call his father after getting anxious following an assault in gym class. When the boy's mental and physical health continued to decline, the family said their requested homebound instruction and was denied twice.

Throughout it all, the parents say District 304 was aware the boy was diagnosed with several disabilities, including autism spectrum disorder, attention deficit hyperactivity disorder and unspecified anxiety disorder.

"These failures not only confused [the student] and made his efforts to do his work harder, but it was also more proof to him and his family that the District 304 staff, and administration did not care about him at all," the lawsuit reads.

The boy's parents request relief in three forms: an award of compensatory monetary damages, an award of attorneys' fees and costs, and "such other relief as the Court deems just."

In a statement to Patch, District 304 officials said: "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."

Officials continued: "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."