Providence Sued Over Expulsion, 'False' Racial Claims

NEW LENOX, IL — The father of an expelled Providence Catholic High School student has filed a lawsuit against the school, the Joliet Diocese and two top school officials claiming his son was wrongfully expelled. It's in connection to a well-publicized case in March of a mother who pulled her African-American son out of the school because of an allegedly racist song played by a group of white students.

One of the white students involved in the incident was expelled. He's referred to as "John Doe 2" in the lawsuit. The plaintiff contends that he was a star in football and wrestling at the school and although only a freshman, a “Division 1 scholarship prospect” in wrestling.

“This is a very sad case about an outstanding student and athlete who has strong support from students, staff and community members, who has been wrongfully removed from his High School amidst false claims that he engaged in racially insensitive behavior,” according to the lawsuit, which accuses the school of using the student as a “scapegoat” and a “political response” to a WGN story that aired about the situation from the account of Tianna Waits, who has gone on the record as the mother of the African-American student.

RELATED: Student Pulled from Providence Over ‘Racist’ Song Played by Classmates

The lawsuit claims that John Doe 2 and the African-American student were friends and used an app that plays songs in the school cafeteria on March 13. John Doe 2 played a song that was not racist but “a parody rap song that was critical of racism,” according to the suit.

“That song did use racially insensitive language but as a form of criticizing racist behavior,” the complaint says.

It was the African-American student who then allegedly asked John Doe 2 to replay the song and then secretly recorded it, the suit alleges. Upon reflection after speaking to his academic adviser, the African-American student then felt the song “made him feel uncomfortable,” the complaint states.

But one day after the song was played and before it hit social media and WGN, the lawsuit says John Doe 2 and the African-American student connected for a touchdown pass in a game of intramural ultimate frisbee and that the two celebrated the play with a “high-five.”

An “edited version of the video” was shared by Waits on Facebook before WGN reported the story, and it was only after the WGN story aired on March 16 that John Doe 2 was “immediately expelled from PCHS” and told he would never be allowed to return, the suit claims. The plaintiffs state that the school did not see the entire video, which included the African-American's alleged request for John Doe 2 to replay the song.

The punishment was a breach of contract, according to the lawsuit, because John Doe 2 did not violate the rules of the Providence student handbook and did not cause “a serious break of faith within the Providence community.”

Expulsion in the student handbook is listed as a “last resort” and only done in cases in which the student has “seriously broken faith with the Providence community.”

Further, the plaintiffs in the lawsuit, who are represented by attorney Steven Glink of Northbrook, claim that the false racist claim by Waits was used as “an excuse” to withdraw her son as a student at Providence “without any further financial obligation” because the student was not meeting the school’s academic standards. Waits is not named in the lawsuit.

Glink did not respond to a request from Patch for further comment.

The lawsuit claims the plaintiffs are out of more than $4,000 in tuition costs already paid. It seeks a total of $500,000 plus costs and a temporary restraining order that, if granted, would force Providence to “immediately reinstate the minor student back into Providence Catholic High School as a full-time student, with the same rights and benefits as all other students.”

In addition to the temporary restraining order, the plaintiffs charge violations of the consumer fraud act, breach of contract and false light claims against Providence. One claim indicates that Providence offered John Doe 2 an online educational option to complete his freshman year of classes but that he would need to pay for this service and start his current semester over again "despite already completing the first half of it with First Honors."

The suit names individuals the Rev. Richard McGrath, president of Providence Catholic High School, and John Harper, the school principal, and indicates both have control regarding student discipline.

McGrath told New Lenox Patch on Wednesday that it is “standard” for the school to not comment on pending litigation.