Parents Hold Private School Liable for Student's Self-Inflicted Injury

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By February 2014, Alexis-Mae Hannigan claims, she had been bullied so much by classmates at Holy Trinity School in Wallingford that she sustained self-inflicted injuries when she  cut herself with a razor. When she and her mother complained to school administrators and a priest about the alleged mistreatment, they were told Hannigan was "too sensitive" and "a sinner."

Now the Hannigans have filed a lawsuit against the school; the principal, Sister Kathleen Kelly; and the father of a student who allegedly bullied Alexis-Mae. They claim the school and the father were negligent in protecting Alexis-Mae from the bullying. The Hannigans are represented by James Sullivan of Howard, Kohn, Sprague & FitzGerald.

It's the second lawsuit filed in the past two months in Connecticut alleging that school officials failed to respond to bullying complaints. In early August, the family of Bartlomiej "Bart" F. Palosz filed a claim against Greenwich school officials after the 15-year-old shot and killed himself on the first day of school in 2013 after years of alleged bullying.

The Holy Trinity lawsuit alleges that from 2013 to February 2014, Alexis-Mae was bullied by a female classmate both in school and online. She was 12 at the time the bullying allegedly started. The other student, described in court papers only as the daughter of Gregory Javonisky, allegedly told Alexis-Mae that "she would die and was a whore," according to the lawsuit.

Alexis-Mae's mother, Kimberly Hannigan, claims she repeatedly complained about the bullying to the principal, but no action was taken. At one point, according to the lawsuit, Kelly told the mother: "I guess your daughter is too sensitive."

At another point, in October or November 2013, according to the lawsuit, Alexis-Mae confessed to an priest at Holy Trinity School, who was from Sacred Heart Academy, that she was cutting herself because of the bullying, according to the lawsuit. "The priest's response to this confession was that Alexis-Mae is cutting herself because 'you are a sinner and a bad daughter.'" The priest was not named in the suit. The lawsuit also alleges that the principal allowed Alexis-Mae to be bullied by Javonisky's daughter and others on a school bus.

The continuous bullying pushed Alexis-Mae to cut herself with a razor, according to the lawsuit. "She cut into her left thigh the word 'worthless,' which is a permanent scar, and the word 'emo' on her right thigh," according to the lawsuit. "She was then admitted to a psychiatric facility and was suicidal."

Neither Kelly nor the superintendent of Catholic schools in Connecticut immediately returned messages seeking comment. It's not clear which lawyer or law firm is representing Holy Trinity and the principal in the matter.

In 2011, Connecticut lawmakers approved a measure requiring school districts to enact policies to protect students from bullying and harassment. Each school district is required, by law, to have designated individuals to handle complaints. However, Sullivan noted, the law does not apply to private and parochial schools. In addition to seeking monetary damages, his claim on behalf of the Hannigans seeks to require Holy Trinity to enact policies that would mirror those required by the 2011 law.

"There's an educational component to the lawsuit that [the school] will take notice and make sure their staff, from the janitor to the principal, are educated about this and told that there's a no-tolerance policy for bullying," Sullivan said. He added that Alexis-Mae was also physically abused in addition to the threats and intimidation.

The lawsuit argues that Javonisky should have known his daughter was allegedly bullying Alexis-Mae. The suit alleges that the negligence on behalf of the school and Javonisky caused Alexis-Mae "permanent scarring, due to excessive cutting, emotional distress, stomach aches, anxiety, anxiousness, loss of confidence, depression and thoughts of suicide, psychological and psychiatric treatment."

The Greenwich lawsuit names the the town of Greenwich and the Greenwich Board of Education as defendants. The Palosz family claims Bart was the target of bullying in middle and high school, which was even documented in his school file. In a document called "Middle School Sharings," his middle school guidance counselor noted that his classmates picked on him and physically harmed him regularly, but he didn't tell on the students because he was socially awkward and wanted to be included and accepted.

The family released a statement through their attorney, David Golub at Silver Golub & Teitell, that echoes Sullivan's statement:

"We feel this lawsuit is important so that other students in Greenwich don't suffer the same kind of treatment that Bart did. It is our hope that this lawsuit will result in changes to how the Greenwich school system responds to students in need of help so that there will be no more needless deaths."

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Megan Spicer, Lawsuite Claims School Failed to Respond to Bullying Claims, CONN LAW TRIB (Sept. 30, 2015) available at www.ctlawtribune.com