Iowa Park Lawsuit

Case 7:16-cv-00127-O Document 1 Filed 10/25/16
Page 1 of 27 PageID 1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
ROXANNE JONES, INDIVIDUALLY AND
AS REPRESENTATIVE OF THE ESTATE
OF T.G., DECEASED,
PLAINTIFF,
V.
IOWA PARK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT,
DEFENDANT.
Case No. 7:16-cv-127
ORIGINAL COMPLAINT
NOW COMES Roxanne Jones, individually and on behalf of the estate of T.G.
Garcia, deceased, collectively termed Plaintiffs herein, by and through their attorney Martin
J. Cirkiel from the law firm of Cirkiel & Associates, P.C., bring this their Complaint
alleging that the Iowa Park Consolidated Independent School District ("Iowa Park)
violated the various rights of T.G., as more specifically pled herein. Plaintiffs reserve the
right to re-plead if new claims and issues arise upon further development of the facts, and as
permitted by law. In support thereof, Plaintiffs respectfully show the following:
I. INTRODUCTION AND BRIEF REVIEW OF THE CASE
1.
T.G. was a student of Hispanic, Italian, Native American and White descent. Further,
T.G. was extremely slender and had a very exuberant personality that many perceived as
being feminine or girly.
2.
While a student at the Iowa Park Independent School District, T.G. was harassed and
bullied on a regular basis, not only because of his race, but also because he exhibited a
girlish persona which made him an object of scorn based upon his gender and gender
stereotypes.
T.G. Complaint
3.
He was called a faggot and wetback on a near-daily basis.
4.
T.G., his mother, Roxanne Jones, and even fellow students, reported multiple incidents of
harassment to Vice Principal Tim Jetton, but neither he, nor anyone else with the School
District took any action to stop the bullying or provide a safe environment for T.G.
5.
As a result of the constant bullying and harassment by other students, along with the
complete failure of school officials to do anything about it, T.G. became more and more
depressed. Ultimately he committed suicide on October 26, 2014.
6.
His mother. Roxanne Jones, bring forth this lawsuit with one primary objective in this
action; that no other student have to suffer through the daily agony of being subjected to
what her son suffered through. To that end, she asks that the Defendant be required to act
as they previously should have done of their own accord; to satisfy the standards of care
set forth by case law developed in regard to bullying and harassment; follow the
directives by federal agencies like the Office of Civil Rights Department of Education
(who addressed such matters in their "Dear Colleague" letter of 2000 and in subsequent
directives) as well the School Boards own policies and procedures.
7.
Additionally, because of the acts and omissions of Iowa Park ISD and the
discrimination T.G. ex peri enc ed based upon his appearance, gender and several
stereotypes and characteristics, and race, Plaintiffs bring this lawsuit pursuant to Title
VI of the Civil Rights Act of 1964, Title IX, Education Amendments of 1972, 20
U.S.C. 1681-1688, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794a
("Rehabilitation Act"), the Americans with Disabilities Act, 42 U.S.C. 12131, et seq
(ADA) and the Equal Protection Clause of the Fourteenth Amendment to the United
States Constitution.
T.G. Complaint
II. JURISDICTION
8.
Jurisdiction is conferred upon this Court pursuant to 28 U.S.C.A. 1331 and 1343
because the matters in controversy arise under the laws and rules of the United States as
noted above.
III. VENUE
9.
Pursuant to 28 U.S.C. 1391, venue is proper before this Court because the events and
omissions giving rise to the Plaintiff s claims occurred in the Northern District of Texas
and in the Wichita Falls Division.
IV. PARTIES
10.
T.G. was a citizen of the State of Texas and lived with his parent Roxanne Jones at 1507
Johnson Road, Iowa Park, TX 76367. At all pertinent times relevant to this lawsuit, T.G.
was a pupil in the Iowa Park Independent School District.
11.
Moreover, Roxanne Jones was at all pertinent times a citizen of the State of Texas and
resident of Wichita Falls County. She brings forward this complaint individually, and
also as representative of T.G.s estate.
12.
Defendant Iowa Park Independent School District is a school district organized under the
laws of the State of Texas and at all times is required to follow the laws contemplated by
the United States Constitution and the statutory laws and rules promulgated thereunder.
District personnel are thus responsible for the care, management and control of all public
school business within its jurisdiction as to Plaintiff T.G., the training of teachers at the
school as to safety, supervision of students within the district, and for the course of study.
They may be served by and through the Iowa Parks Independents School Districts
Superintendent, Mr. Steve Moody at 328 East Hwy, Iowa Park, Texas, 76367.
T.G. Complaint
V. ADMINISTRATIVE EXHAUSTION
13.
T.G. has alleged, among other things, that he was a student with a disability, whether it
be pursuant to Section 504 of the Rehabilitation Act of 1973, the Americans With
Disabilities Act or the Individuals With Disabilities Education Act, 20 U.S.C. 1401 et
seq. (IDEA). As such, save for the fact he is deceased he would otherwise be required
to satisfy the Administrative Exhaustion requirements of IDEA; see 20 U.S.C. 1415(1)
and 19 T.A.C. 89.1185(p).
14.
The Courts have recognized an exception to the is exhaustion requirement, it is when

there is relief that could be obtained through this administrative process. It is known as
the futility exception. It is now well-settled that a student who is deceased cannot receive
any remedy that a Hearing Officer could provide and as such satisfies this futility
exception.
15.
As such, T.G. is not required to go through Administrative Exhaustion in this case.

VI. HISTORICAL, CULTURAL AND FACTUAL BACKGROUND
A.
THE HISTORY OF BULLYING AND HARASSMENT IN THE UNITED STATES
16.
The infamous Columbine High School massacre occurred on Tuesday, April 20, 1999.
Eric Harris and Dylan Klebold, both known to have serious emotional disturbances and
also known by school officials to be victims of bullying and harassment themselves,
embarked on a horrid massacre, killing twelve (12) students and one teacher. They also
injured twenty-one (21) other students directly, and three people were injured while
attempting to escape. Not surprisingly, the pair then committed suicide. Importantly, the
issue of bullying and harassment in schools was already a major concern even before
Columbine.
T.G. Complaint
17.
In 1998, Jared High, a special education student at the Pasco School District, also a
victim of incessant bullying, committed suicide. From the inception of Title IX the
United States Department of Education in their Office for Civil Rights (OCR) issued
policy guidance on discriminatory harassment.
They did so on discrimination based
upon race (see 59 Fed. Reg. 11448 (Mar. 10, 1994) and later regarding harassment based
upon sex [Title IX] (see 62 Fed. Reg. 12034 [Mar. 13, 1997]) and also regarding
disability. These policies make clear that school personnel must understand their legal
obligations to address harassment based upon race, nationality, religion, sex, gender and
gender stereotypes and further, that they were in the best position to recognize and
prevent the harassment, and to lessen the harm to students if, despite their best efforts,
harassment continued to occur.
18.
During this period and in 1995 the U.S. Congress authorized the Safe Schools Act. 20
U.S.C. 5961 so that students can be educated in an environment that was safe and free
from violence. At and around that same time Congress promulgated the Youth Suicide
And Early Intervention And Prevention Act, 42 U.S.C. 290bb-36. Over the past years,
both have received strong public support and have been re-authorized many times.
19.
In January of 1999, the U.S. Department of Education (DOE) produced a document,

Protecting Students From Harassment And Hate Crime, which essentially provided for
schools a Checklist of items, that if they followed, would help to develop a culture that
make the schools safer for all students and help to prevent bullying and harassment.
These items included but were not limited to the mandate that Board members,
administrators and the superintendent should:
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a) recognize the urgency of the problem and identify people/agencies that can
help develop effective prevention and response strategies,
b) compile a library of useful materials;
c) work on creating an effective anti-harassment program in consultation with
parents, students, and community groups;
d) appoint a Compliance Coordinator to train School personnel;
e) assess the school climate to determine the prevalence of harassment that exists
and the potential for hate-motivated violence;
f) adopt a written anti-harassment policy and assure the policy is clearly
communicated to all members of the school community; and school personnel
and students are held accountable for their actions;
g) develop a formal grievance procedure and takes steps to make sure it is
working properly;
h) have instructional personnel use or supplement a district's curriculum and
pedagogical strategies to foster respect and appreciation for diversity;
i) institute, improve, or expand age appropriate student activities to prevent or
reduce prejudice and conflict;
j) institute specific measures to respond immediately and effectively when
harassment occurs to stop the harassment and prevent recurrence;
k) flexibly apply response mechanisms to both the victim and the perpetrator,
taking into account the parties' ages and the context of the behavior;
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l) continually monitor the school climate and promptly address problems that
could lead to harassment or violence or that indicate harassment could be
occurring;
m) appoint appropriate school officials to become familiar with pertinent civil
and criminal laws at the state, local, and federal levels, so that they are able to
recognize possible civil rights violations, hate crimes and other criminal acts;
n) develop guidelines and procedures for collaboration with law enforcement
officials, make appropriate referrals to outside agencies and designate liaison
personnel;
o) assure Crisis Intervention Plans are in place to minimize the possibility of
violence or disruption of the educational process;
p) have District-level personnel and individual school sites form continuing
partnerships with parents and the community to prevent hate crimes and
harassing behaviors;
q) provide Staff training and professional development programs to support the
district's anti-harassment efforts;
r) assure that all harassment incidents are carefully documented and incidents
are reported to outside authorities as required; and
s) regularly assess the effectiveness of its anti-harassment efforts.
20.
Over the course of time the Office Of Civil Rights within the United States Department
Of Education issued numerous opinions on the issues of bullying and harassment, further
giving school boards direction as to how to deal with this ongoing threat to not only the
safety of children but to assure they were received an education that was not hostile. The
T.G. Complaint
OCR noted that a failure to do any of the following various items could create a hostile
educational environment for a student:
a) provide school assemblies and instruction on bullying;
b) address bullying in classroom intervention settings;
c) conduct a school bullying assessment;
d) form a bullying prevention coordination team at school;
e) include language specifically identifying bullying in the school rules;
f) develop strategies to prevent bullying in hot spots;
g) post signs in classrooms prohibiting bullying & listing its consequences; and
h) encourage students to help classmates who are being bullied & to report
bullying.
21.
In regard to handling an incident once reported, the OCR also noted a school district
should:
a) train staff on how to investigate a claim of bullying and harassment;
b) fully investigate allegations of bullying and harassment;
c) respond to each allegation promptly;
d) interview the student and the perpetrator;
e) keep a written record of the investigation;
f) taken prompt action against the perpetrators;
g) remove the perpetrator from the class;
h) take action to prevent future incidents;
i) offer to transfer the student or to a different class;
j) offer counseling for the student victim;
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k) offer counseling to the perpetrator;

l) notify parents of their rights to file grievances;
m) offer the student a 1:1 aide or shadow for protection;
n) offer social skills training to the student;
o) offer social skills training to the perpetrator;
p) offer social skills training to the students class;
q) convene a meeting of the parents, and educators to discuss the issues of
bullying and harassment;
r) use a program to monitor and oversee the resolution of incidents;
s) hire a temporary paraprofessional to monitor the perpetrator after the incident;
t) perform a psychological evaluation of the student victim after the incident;
and among other things; and
u) most important, use any incident of bullying as a teaching moment for the
perpetrator and even the entire student body.
22.
These directives from the Office of Civil Rights have been updated and refined, whether
it be related to race, religion and nationality pursuant to Title VI, or gender or gender
stereotypes pursuant to Title IX, or to disability under Section 504 or the ADA.
23.
The Texas Department of Health & Human Services reports that between 2004 and 2008
about 548 teens in Texas committed suicide.
24.
The U.S. Center for Disease Control reports that from 1999 to 2006 more than 1,600
teenagers between 10-14, like T.G., committed suicide.
T.G. Complaint
B.
THE RESPONSE TO BULLYING IN TEXAS
25.
The U.S. Department of Health & Human Services, United States Health Resources and
Services Administration put together a training program called Bullying Among Children
& Youth. It set forth definitions for bullying and harassment to include hitting, shoving,
taunting, racial slurs and obscene gestures. It noted that teachers should be particularly
observant in hot spots, like the playground, lunchroom, halls and the bathroom and even
outside the school, as well. Importantly, that high absenteeism is an indicator that
something is wrong, especially when linked to depression, as were physical complaints
like headaches and abdominal problems.
Teachers were asked to be particularly
cognizant of the student who complains of being harassed and assaulted and who fights
back when provoked. This training specifically let staff know the obvious, that unchecked
harassment will lead to suicidal ideation and attempts.
This federal program also
provided school districts with information as to what programs work and which do not.
Not surprisingly, the least effective is punishment.
26.
These federal guidelines and directives noted above, over the course of time became
integrated into, and became part of, Texas law as well. First, there were increased
penalties in the Juvenile Justice system for students who assaulted, bullied and harassed
other students.
27.
In addition, the Texas Education Agency (TEA) and their various local service centers
working under TEAs purview developed and disseminated a significant amount of
support material for school boards as to how to best prevent bullying and harassment in
general, and bullying and harassment based upon disability in particular.
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10
28.
In addition, school boards were provided information on how to best respond to bullying
and harassment, when it occurred.
29.
For instance, on May 3, 2005, the Texas House of representatives promulgated H.B. 283
which modified and added sections to the Texas Education Code regarding bullying and
harassment, significantly relying upon the federal Safe School Act. It added 25.0341
giving students who were bullied the right to seek a transfer another classroom or
campus. It amended Section 37.001 by adding Subsection(a)(7) and (8) requiring a
School Board to adopt a Student Code Of Conduct which considered, among other
things, bullying and harassment, and the duty to have methods (emphasis added) to
prevent and intervene in bullying problems.
30.
It also amended 37.083(a) by requiring the school district to adopt and implement a
discipline management program to be included in the (school) district improvement
plan. The program must (emphasis added) provide for prevention and education about
unwanted verbal aggression and bullying. It took effect no later than September 1, 2005.
It too included strategies to deal with suicide prevention.
31.
Importantly, the school district has a special duty to address the needs of students who
were at risk of suicide per Texas Education Code 33.006(b)(1)(A).
32.
Further, School Boards were provided significant information from the Texas
Association of School Boards (TASB) on how to best respond to assaults, bullying and
harassment, when it occurred. In fact, in September of 2008, TASB disseminated a
memorandum entitled Harassment and Bullying Policies in Public Schools. It noted the
requirement that schools must have an active policy and practice regarding student-tostudent harassment. It noted, and among other things that a school district could be
T.G. Complaint
11
liable when there is student-to-student harassment and the districts deliberately

indifference cause students to undergo harassment or makes them vulnerable to it, and the
harassment takes place in a context subject to the school districts control, citing Davis
v. Monroe County Board Of Education. 526 U.S. 629 (1999). In regard to addressing
issues of assault, bullying and harassment it referred school districts in Texas to look to
the Office of Civil Rights, Protecting Students from Harassment and Hate Crimes: A
Guide For Schools (as noted above).
33.
In addition TASB also helped the Iowa Park ISD to develop a number of very specific
policies, procedures and practices related to bullying, harassment and sexual assault but
not one teacher, coach, counselor or administrator ever used any one of these policies,
procedures or practices to help T.G.
34.
In 2011 the Texas Legislature again addressed bullying and harassment in the public
schools by passing comprehensive and far-reaching legislation on the topic. Put into the
Texas Education Code, staff was required to have specialized training (Section 21.451);
rather than having victims transfer from their home campus, now the bully had to transfer
(Section 25.0342) and other related issues were addressed, Sections 37.001[Code of
Conduct], 37.083 [Discipline Management], 37.0832 [Prevention]. Importantly, a School
District in Texas was required to have specific training for staff in early mental health
intervention and suicide prevention. Texas Health & Safety Code, Section 161.325.
C. THE IOWA PARK ISD NON-RESPONSE TO BULLYING AND HARASSMENT

35.
Also pursuant to state law, the Iowa Park ISD completed a District Improvement Plan
and one for each campus as well, to deal with Safe Schools. These plans addressed
harassment and bullying. It re-authorized policies and procedures related to Student
T.G. Complaint
12
Welfare and keeping students free from Discrimination, Harassment & Retaliation
including student-student sexual harassment citing, among other cases, the Davis
decision. It set definitions of harassment whether it be based upon race, religion,
nationality or gender or gender stereotypes or disability and very specific investigatory
procedures.
36.
It required allegations of bullying and harassment to be directed to the School Districts

Title VI or Title IX or Section 504 Coordinator, and the family be given that persons
contact information.
The investigation need be completed in a timely manner, usually
less than 10 days, that a written report should be developed and interim action taken, as
appropriate. The report must address whether or not prohibited contact occurred and
must be filed with the relevant School District Official. If a student is not satisfied with
the outcome of the investigation, they have the right to appeal the decision through the
Districts grievance procedure or even with the Office of Civil Rights with the U.S.
Department of Education.
37.
The School Board Policies noted a non-exhaustive list of potential corrective actions.
They included a training program for the victim and perpetrators, a comprehensive
education program for the school community, counseling to the victim and
perpetrators(s). Importantly, there needed to be a system in place to follow-up and
determine if new incidents had occurred and the effectiveness of those provided. There is
also discussion of increasing staff monitoring of problem areas.
38.
Many school boards across the country and across our own great state heard this clarion
call and made anti-bullying campaigns an integral part of that school districts practices
and customs.
T.G. Complaint
As will be more described below, unfortunately, the Iowa Park
13
Independent School District, Board President and Superintendent obviously failed to do

so. While they did have written policies and procedures they obviously failed to train and
supervise staff correctly. They failed to put these policies into practice, and only gave
these concerns lip service, and turned a blind eye to the problem. These failures of
the School District Defendants to assure students were kept safe and educated in a nonhostile environment not only permitted the bullying of T.G. to continue, but created a
culture that permitted other students to suffer from bullying and harassment, as well.
VII. STATEMENT OF FACTS
A.
ABOUT T.G.
39.
T.G. was in middle school and attended the Iowa Park ISD during all relevant times
contemplated in this lawsuit.
40.
He was a student of Hispanic, Italian, Native American and Anglo descent.
41.
At and around the time of his decease T.G was extremely slender and had a very
exuberant personality that many perceived as being feminine or girly. He had an
extremely dark complexion from spending time outside and experienced outbreaks of
acne.
42.
Prior to attending school in Iowa Park, T.G. had been sexually assaulted by two boys in
his neighborhood.
43.
While a student at the Iowa Park Independent School District, he was literally bullied
and harassed on a n almost-daily basis. T . G . suffered from anxiety and often sucked
his thumb to self-soothe. He also had a disorder termed Trichotillomania which is a
disorder that causes an individual to have an uncontrollable urge to pull ones own hair
out. He was also built very slender and had effeminate mannerisms.
T.G. Complaint
14
44.
T.G.s nuclear family and his stepfather made sure the school knew about the bullying
and were advised by the Vice Principal that boys will be boys. As a result, no actions
or resolutions were taken by the school to address the bullying.
45.
The bullying and harassment wasnt limited to verbal assaults. On one occasion T.G. was
physically assaulted while walking in hallway at school. T.G. was hit with a cowbell
causing him to suffer a cracked rib. The injury was severe enough to require a trip to the
emergency room. Following the incident, both T.G. and his mother went to Vice
Principal Jetton and reported the incident. Jetton informed them that, boys will be boys.
46.
The Vice Principal never investigated the incident and Plaintiff never received an
investigation report.
47.
T.G. was so inconsequential to the school staff that even following all of these occasions
the Vice Principal could not be bothered to learn or remember T.G.s name, referring to
him more than once as the little Mexican boy.
48.
One student in particular, J.T., bullied and harassed T.G. on a near-daily basis, often
calling him faggot and wetback.
49.
On Thursday, October 23, 2014, another incident of bullying occurred. While riding the
ROTC bus, J.T. called T.G. a faggot and a wetback but then he added that T.G.
should go home and kill himself and that everybody would know Monday why he called
him a fag (referring to the fact that T.G. was previously sexually assaulted). Two of
T.G.s classmates heard the bullying conversation. T.G. and both of his classmates went
to Vice Principal Jetton and reported the incident. Jetton assured the boys that he would
look into allegation. However, as usual, Jetton never investigated the incident and T.G.
became more and more distressed.
T.G. Complaint
15
50.
On Sunday, October 26, 2014, T.G.s asked his stepfather where the key to the gun case
was because he wanted to clean his gun before the trip. His stepfather told him that he
would help him find the key after he got out of the shower. T.G. then went into his room
and locked the door. T.G.s mother reports that she was putting up clothes when she
heard a loud noise; she at first thought he had dropped his weights. She began calling for
him but there was no answer. Upon entering his bedroom and seeing a gun she realized
he had shot himself; she told her husband to call 911. T.G. was dead.
51.
Approximately a month after T.G.s death a close friend, R.K. told Roxanne and her
husband that T.G. had come to her Friday, October 24th, two days before he killed
himself and told her that he was going to kill himself because J.T. was still bullying him
and that he was going to tell everyone on Monday why he called him a fag. R.K. further
advised Roxanne and her husband that after T.G. confided his plans of suicide to her that
she went to Vice Principal Jetton and told him of T.G.s plan to commit suicide. Jetton
informed J.K. that he was going to call T.G. into his office and that he was going to call
T.G.s parents and inform them of this information. He did neither of these things.
52.
Roxanne reports that she never received a call from Jetton. Further she reports that Jetton
never called T.G. into his office and that she knows he didnt because Jetton personally
informed her that he didnt.
53.
The School District failed to provide T.G. with counseling services even though they
were aware that he had contemplated suicide.
54.
The School District failed to provide T.G., a student identified with a disability and
receiving special education services, a safe, nonhostile educational environment.
55.
The School District failed to properly investigate reports of bullying.
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16
56.
School District officials failed to investigate reports that T.G. planned to kill himself
based upon racial animus, gender and gender stereotypes.
B. THE IOWA PARK ISD FAILED TO SATISFY THEIR DUTIES UNDER THE LAW
57.
At any given time during the preceding semesters, the School District failed to address
T.G.s unique and individualized needs. First, he was never provided a psychological
assessment, school-based counseling services, an aide or shadow to observe him at the
school, social skills, training or any information about his rights as a student with a
disability or his rights to file a complaint about the bullying, harassment and sexual
assaults he experienced.
58.
Moreover, the School District failed to implement appropriate safety measures to

prevent future bullying and otherwise provide a safe environment for T.G.
This
discrimination based on his gender stands in direct contrast to his constitutional rights
and statutory rights.
59.
The school failed to address the impact of the harassment on T.G.. and never provided
him any services related to bullying, harassment or sexual assault he experienced.
60.
Nor was his mother, Roxanne Jones, ever given notice of T.G.s rights under Title VI,
Title IX, Section 504 and the ADA. They failed to investigate any complaints under any
of these standards.
61.
The District failed to provide an ongoing analysis as to the effectiveness of any

interventions they may have provided.
62.
They never provided the family information about who the Title VI, Title IX or Section
504 Coordinator was for the District.
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17
63.
They never provided information about their right to file a formal grievance with the
School District.
64.
They never provided the family information about their right to file a formal complaint
with the Office of Civil Rights in a timely manner.
65.
Due to the ongoing failure of the School District to control the harassment he
experienced, and the failure to investigate the issues correctly, not surprisingly, T.G.
suffered further indignities, harm and verbal abuse while at school.
66.
T.G. continued to become more and more depressed.
67.
On October 26, 2014, T.G. killed himself.

IX. STATE ACTION
68.
Plaintiff incorporates by reference all the above-related paragraphs with the same force
and effect as if herein set forth.
69.
The Defendant School District was at all times and in all matters acting under color of
federal and state law in regard to the acts and omissions alleged by Plaintiffs.
70.
The Defendant School District was at all times and in all matters receiving federal funds
during the period in question and thus have a duty to satisfy the requisites of Title VI, IX,
Section 504, the ADA and Section 1983.
71.
Each such omission violates the Civil Rights Act of 1964 pursuant to 42 USC 1983 and
as such the School District is liable to T.G. accordingly.
X. CLAIMS FOR RELIEF PURSUANT TO TITLE VI OF THE CIVIL RIGHTS ACTS

OF 1964
72.
Plaintiffs incorporate by reference all the above-related paragraphs with the same force
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18
73.
Plaintiffs assert that because the Iowa Park ISD knew that T.G. was being bullied,
harassed and physically assaulted based upon his race and failed to keep him safe from
harm, and failed to investigate incidents of race-based animus and failed to ensure he
was educated in an environment that was not hostile, such failures as noted above,
have, together and separately, contributed to violating his rights civil rights.
XI. CLAIMS PURSUANT TO 20 U.S.C. 1681-1688 AND TITLE IX
OF THE EDUCATION AMENDMENTS ACT OF 1972
74.
Plaintiff incorporates by reference all the above related paragraphs above with the same
force and effect as if herein set forth.
75.
In addition and in the alternative to Plaintiffs above claims, Plaintiff contends the School
District, acting under color of law and acting pursuant to customs and policies of the
district, deprived T.G. of rights and privileges secured to him by Title IX of the
Education Amendments Act of 1972 and by other laws of the United States by
discriminating against him on the basis of gender and gender stereotypes.
76.
The acts and omissions of the school district deprived T.G. of his right to not be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under
any education program or activity receiving Federal financial assistance, on the basis of
his sex or gender stereotypes for which the School District Defendant is liable to T.G.
pursuant to 20 U.S.C. 1681-1688 for compensatory damages.
XII. CLAIMS FOR RELIEF PURSUANT TO THE REHABILITATION ACT OF 1973

77.
Plaintiffs incorporate by reference all the above-related paragraphs with the same force
78.
Plaintiffs assert that T.G. was a student with two learning disabilities that affects a major
life function, including learning.
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79.
Plaintiffs assert that T.G. was a student with an emotional health disorder that affects a
major life function, mental health and socialization with others.
80.
The School District failed in their duties to identify and provide services to T.G. based
upon his disability pursuant to Section 504 of the Rehabilitation Act of 1973.
81.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 and its implementing
regulations require that each state that receives disbursements, including the state's
political subdivisions such as local school districts, must ensure all students with
disabilities are given appropriate and necessary accommodations, pursuant to federal law
and rules. To the degree that a policy or practice hinders honest consideration of a
disabled child's unique needs, and fails to accommodate that child's disability and keep
the student safe, it violates Section 504.
82.
Plaintiffs assert that because the Iowa Park ISD failed to keep T.G. safe from harm, and
failed to provide him an environment that was not hostile, such failures as noted
above, have, together and separately risen to the level of discrimination based upon
disability, contributed t o violating his rights under Section 504, federal rules and
regulations promulgated pursuant thereto.
83.
In addition, and in the alternative, the acts and the omissions of the School
District Defendant rose to the level of a gross mismanagement and and
misjudgment of T.G.'s educational plan and is also a separate violation of Section 504
thereby.
84.
Last, and also in the alternative, the acts and the omissions of the School District
Defendant rose to the level of a gross deviation from professional standards of
care, and is likewise a separate violation of Section 504 thereby.
T.G. Complaint
20
XIII. CLAIMS PURSUANT TO THE AMERICANS WITH DISABILITIES ACT

85.
In addition and in the alternative to the above, the facts as previously described
demonstrate that the School District also violated T.G.s rights as contemplated by
the Americans with Disabilities Act, 42 U.S.C. 12131, et seq (ADA).
86.
Plaintiff is a qualified individual with a disability as defined in 42 U.S.C.

12131(2) having an emotional disability that affects a major life function, including
learning, mental health and socialization with others.
87.
Plaintiff is a qualified individual with a disability as defined in 42 U.S.C.

12131(2) having learning disabilities that affects a major life function, including
learning, mental health and socialization with others.
88.
The Iowa Park Independent School District is a public entity as defined in 42

U.S.C. 12131(1), and receives federal financial assistance so as to be covered by the
mandate of the ADA.
89.
The Iowa Park Independent School District and its schools are facilities and their
operation constitutes a program and services for ADA purposes.
90.
Specifically, and separate and apart from his Section 504 cause of action, Plaintiff
alleges that the School District failed and refused to reasonably accommodate and
modify the services needed by T.G. based upon his disability, in violation of Title II
of the ADA.
91.
Such failures caused injuries to Plaintiff.
T.G. Complaint
21
XIV. CLAIMS PURSUANT TO THE 14 TH AMENDMENT

92.
In addition and in the alternative to the above, the facts as previously described
demonstrate violations of the T.G.s civil rights pursuant to the due process clause of
the 14th Amendment to the United States Constitution.
93.
The acts and omissions of staff persons evidence a failure of the Iowa Park
Independent School Board to provide appropriate training and supervision to staff,
violating the rights of T.G. pursuant to the Due Process clause of the Fourteenth
Amendment, for which the School District is liable to him thereby.
94.
The School District singularly discriminated against T.G. as a class-of-one in failing

to keep him safe, thereby violating the Equal Protection Clause of the Fourteenth
Amendment, for which the School District is likewise liable to him pursuant to 42
U.S.C. 1983.
XV. RATIFICATION
95.
Plaintiffs incorporate by reference all the above-related paragraphs with the same
96.
Iowa Park ISD ratified the acts, omissions and customs of school district personnel
and staff.
97.
As a result, Iowa Park IS D is responsible for the acts and omissions of staff persons
who were otherwise responsible for the safety of T.G.
XVI. PROXIMATE CAUSE
98.
Plaintiffs incorporate by reference all the above related paragraphs with the same
T.G. Complaint
22
99.
Each and every, all and singular of the foregoing acts and omissions, on the part of
the School District, taken separately and/or collectively, jointly and w5 severally,
constitute a direct and proximate cause of the injuries and damages set forth herein.
XVII. DAMAGES
123.
Plaintiffs incorporate by reference all the above-related paragraphs with the same
124.
As a direct and proximate result of the School District's conduct, J.R. suffered injuries
and damages, for which he is entitled to recover herein within the jurisdictional limits of
this court, including but not limited to:
a. Physical pain in the past;
b. Medical expenses in the past;
c. Mental anguish in the past;
d. Mental health expenses in the past;
e. Loss of consortium;
f. Physical impairment in the past;
g. Loss of life and liberty; and
h. Various out of pocket expenses incurred by J.R.s family but for the act and
omissions of the School District.
125.
Pursuant to Section 1983 the School District is liable to J.R. for punitive damages.
XVIII. ATTORNEY FEES
126.
Plaintiffs incorporate by reference all the above related paragraphs, as if fully set forth
herein.
T.G. Complaint
23
127.
It was necessary for Plaintiffs to retain the undersigned attorneys to file this lawsuit.
Upon judgment, Plaintiffs are entitled to an award of attorney fees and costs pursuant to
under 42 U.S.C. 2000d et seq., Section 1983 and 1988, Title VI, Title IX, Section 504
and the ADA.
XIX. EQUITABLE RELIEF
128.
Elizabeth Reed respectfully requests the Court considering ordering the Kerens
Independent School District to:
a. Adopt an anti-bullying and harassment program that is provided by a third-party,
like the Anti-Defamation League or the Southern Poverty Law Center;
b. Adopt policies, procedures, and practices commensurate with the Dear Colleague
Letter, dated October 26, 2010, from the United States Department of Education
Office for Civil Rights to include but not be limited to:
i. The provision of school assemblies and instruction on bullying
1.
Addressing bullying and harassment based upon disability
or race or gender or common stereotypes that accompany those
subjects in classroom intervention settings; and
2.
Conducting an assessment at each campus;
ii.Manning a prevention coordination team at each school;

iii.Including language specifically identifying bullying and harassment based
upon disability or race or gender and common stereotypes that accompany
those subjects in the school rules and student handbook;
iv.Develop a strategy to prevent such bullying or harassment in hot spots;
v.Post signs in classrooms prohibiting bullying and harassment and listing
its consequences; and
vi.Provide a place and manner of confidential reporting and encouraging
students to help classmates who are being bullied and harassed and to
report such bullying and harassment.
T.G. Complaint
24
c.
That for the next three years the District provide for a school-safety
coordinator for each Campus, so as to assure that the program is enacted
comprehensively;
d.
That the District retain a neutral third party to complete a bullying
assessment for each campus and have that person or entity report back to the
President of the School Board and Superintendent so the District may address any
issues noted in the assessment;
e.
That staff receive "Diversity training" by a third party to include
information about gender, race, and disability stereotypes;
f.
That the school provide a marker in the school library, where books and
other materials would be made available to students dealing with bullying
harassment, and related emotional concerns and issues related to gender, race, and
disability along with common stereotypes that accompany those subjects;
g.
That Anti-bullying month be recognized by the Kerens ISD;
h.
That the school district help facilitate the provision of counseling services
for students deemed to be at risk; and
i.
That the School Board appoint a committee including interested members
of the public to address the issues noted herein, report back to the Board and act
accordingly.
XX. DEMAND FOR JURY TRIAL

Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiffs demand a jury trial for all
issues in this matter.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray for judgment against
Respondent, that Defendant violated J.R.s rights in the manner and particulars noted herein, that
the Court order relief accordingly and for such other relief that may be afforded in law, or in
equity or as to both.
T.G. Complaint
25
Respectfully submitted,
/s/ Martin J. Cirkiel
Martin J. Cirkiel
Fed. ID.No. 21488
SBN: 00783829
marty@cirkielaw.com [E-mail]
Cirkiel & Associates, P.C.
1901 E. Palm Valley Blvd.
Round Rock, Texas 78664
(512) 244-6658 [Telephone]
(512) 244-6014 [Facsimile]
Kenneth Carden, Esq., Local Counsel
SBN: 03787300
carden.ada.law@gmail.com [Email]
CARDEN LAW OFFICE
1409 S. Lamar Street, Apt. 601
Dallas, Texas 75215
T.G. Complaint
26
CERTIFICATE OF SERVICE
I hereby certify that on the 25th day of October, 2016, I electronically filed the foregoing
with the Clerk of the Court using the CM/ECF system which will send notification of such filing
to the following:
Ms. Christie Hobbs, Attorney
christie@leasorcrass.com [Email]
SBN: 24059961
Robert Boyd Bobby Padgett, Attorney
bobby@leasorcrass.com [Email]
SBN: 00786152
Leasor Crass, P.C.
302 W. Broad Street
Mansfield, Texas 76063
(682) 488-0009 [Telephone]
(682) 422-0008 [Facsimile]
ATTORNEYS FOR DEFENDANT
SCHOOL DISTRICT
/s/ Martin J. Cirkiel
Martin J. Cirkiel
T.G. Complaint
27

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Iowa Park Lawsuit

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Case 7:16-cv-00127-O Document 1 Filed 10/25/16

IN THE UNITED STATES DISTRICT COURT

Case No. 7:16-cv-127

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

He was called a faggot and wetback on a near-daily basis.

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

The Courts have recognized an exception to the is exhaustion requirement, it is when

As such, T.G. is not required to go through Administrative Exhaustion in this case.

THE HISTORY OF BULLYING AND HARASSMENT IN THE UNITED STATES

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

They did so on discrimination based

In January of 1999, the U.S. Department of Education (DOE) produced a document,

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

k) offer counseling to the perpetrator;

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

THE RESPONSE TO BULLYING IN TEXAS

Teachers were asked to be particularly

This federal program also

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

liable when there is student-to-student harassment and the districts deliberately

C. THE IOWA PARK ISD NON-RESPONSE TO BULLYING AND HARASSMENT

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

It required allegations of bullying and harassment to be directed to the School Districts

The investigation need be completed in a timely manner, usually

As will be more described below, unfortunately, the Iowa Park

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

Independent School District, Board President and Superintendent obviously failed to do

He was a student of Hispanic, Italian, Native American and Anglo descent.

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

The School District failed to properly investigate reports of bullying.

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

Moreover, the School District failed to implement appropriate safety measures to

The District failed to provide an ongoing analysis as to the effectiveness of any

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

T.G. continued to become more and more depressed.

On October 26, 2014, T.G. killed himself.

X. CLAIMS FOR RELIEF PURSUANT TO TITLE VI OF THE CIVIL RIGHTS ACTS

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

XII. CLAIMS FOR RELIEF PURSUANT TO THE REHABILITATION ACT OF 1973

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

XIII. CLAIMS PURSUANT TO THE AMERICANS WITH DISABILITIES ACT

Plaintiff is a qualified individual with a disability as defined in 42 U.S.C.

Plaintiff is a qualified individual with a disability as defined in 42 U.S.C.

The Iowa Park Independent School District is a public entity as defined in 42

Such failures caused injuries to Plaintiff.

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

XIV. CLAIMS PURSUANT TO THE 14 TH AMENDMENT

The School District singularly discriminated against T.G. as a class-of-one in failing

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

XIX. EQUITABLE RELIEF

Conducting an assessment at each campus;

ii.Manning a prevention coordination team at each school;

Case 7:16-cv-00127-O Document 1 Filed 10/25/16

That Anti-bullying month be recognized by the Kerens ISD;

XX. DEMAND FOR JURY TRIAL

Case 7:16-cv-00127-O Document 1 Filed 10/25/16