8-20-13 bullying lawsuit against st. mary's springs dismissed

A federal judge has dismissed a civil lawsuit filed on behalf of a former Saint Mary’s Academy student alleging racial, gender and religious harassment.  The suit alleged classmates called the boy

racially offensive names due to his Asian heritage and claimed the students mocked the way he talked, walked, what he ate and his perceived sexual orientation.  The suit said much of the harassment occurred on Facebook.   In what he termed a tough call, a federal judge on Friday dismissed the case. U.S. District Judge J.P. Stadtmueller wrote that  “while the court empathizeswith the student, it is reluctant to make a definitive determination that he was, in fact, the victim of bullying.”   The judge did not find that St. Mary’s Springs violated Titles VI and IX of the Civil Rights Act for failing to stop bullies.  The judge said since so many facts are disputed, or seen through the eyes of children, he is reluctant to intervene.  He notes the school heard the boy’s complaints, spoke with the offending students, had conferences with students and parents and held bullying prevention sessions for staff and students.  The boy withdrew from the school in April of 2012.