Above video is from WAVY’s original reporting of the 11-year-old who got suspended after reporting a bullet at the school.
VIRGINIA BEACH, Va. (WAVY) – The mother of the 11-year-old boy suspended from school after alerting his principal at St. John the Apostle School of another student bringing a bullet to class is filing a lawsuit against the school for breach of contract.
The lawsuit asks for the amount of $4,870 to be paid to the plaintiff to represent the tuition paid, as well as any attorney fees and any further relief.
According to court documents, the plaintiff’s son, known as ‘A.W.’ in the lawsuit, reported the incident to his principal Ms. Jennifer Davey just two hours after another student showed him the bullet on Sept. 5.
Shortly afterwards, Virginia Beach police arrived to the school, where the bullet was then confiscated from the student and he was subsequently suspended for 1.5 school days.
Despite reporting the incident, A.W. was also suspended from school through Sept. 6 for “failing to immediately report the bullet to school officials.” The lawsuit states that since this was an out-of-school suspension, it will remain on A.W.’s permanent academic record.
The lawsuit insinuates that, according to the Student-Parent Handbook given out prior to the school year, it is not required for students to immediately report any school safety concern, including the ammunition of a student, to school administrators.
The school, however, said they are “entitled to suspend the student pursuant to Section J of the Tuition Contract,” which allows school administrators some discretion regarding discipline if it is in the best interest of the student or the school.
The lawsuit claims the school incorrectly interpreted Section J, which actually creates a “chilling effect on future reporting.” Further, the lawsuit states the school breached their contract with the plaintiff, as the mother paid for educational services that were ultimately not provided, creating an unsafe learning environment.
According to the lawsuit, since his suspension, A.W. has also faced bullying from other students, including “physical assault of pushing by other students” and “isolation from activities by other students.”
The lawsuit, as well as the Student-Parent Handbook, can be found below: