- April 17, 2024
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A Flagler Palm Coast High School student who died by suicide last year repeatedly told school district staff that she was being bullied, but the district failed to intervene to help her, her mother has alleged in a lawsuit filed against the school district. The district is contesting the allegations.
Shauntiana Stafford died in January 2019 at age 17. Her mother, Carissa Jackson, said Stafford had been tormented at school by other students.
Jackson's complaint, filed Aug. 31 by attorney Eric Andeer of Morgan & Morgan, calls the district "negligent in the performance of its duties ... resulting in the death of Shauntiana A. Stafford."
"At all times material hereto Defendant FCS had a non-delegable duty to all students enrolled in its school system, including Shauntiana A. Stafford, to develop and implement a policy for identifying bullying and harassment occurring on school property, during school hours or at school related functions and events; to investigate incidents of student bullying both reported and unreported; to ascertain that those responsible for the bullying and harassment are identified and immediately stopped from doing so; to identify victims of bullying and harassment; and to identify counseling and other supportive services necessary to address the effect of bullying on a student victim," the complaint of the lawsuit states.
Stafford, the lawsuit continues, "suffered physical and emotional injuries of a permanent and emotionally debilitating nature and/or suffered from an aggravation of previously existing emotional injury as result of multiple instances of bullying and/or harassment while a student."
The bullying Stafford endured including being "constantly insulted" for her appearance, pushed and kicked, and bullied on social media, according to the complaint.
Although Stafford and Jackson reported the bullying to teachers and administrators, "defendant FCS's principals, administrators, teachers or agents failed to take any action," according to the complaint.
The suit alleges that the school district breached its duty of care regarding Stafford by failing to investigate instances of bullying and harassment, failing to take measures to protect her, failing to adhere to policies for identifying bullied students, failing to take disciplinary action against the student who bullied her and failing to provide counseling or other measures to curtail harassment.
The district's Nov. 4, 2020, response to Jackson's complaint acknowledges the district's "duty of reasonable supervision" to Stafford and other students at school and school-sponsored events, but denies any breach of that duty.
It acknowledges that Stafford and her mother had reported incidents of bullying and negative comments by other students, but denies that the district responded inadequately.
"The injuries and damages alleged to be suffered by the Plaintiff were caused by persons and/or entities over whom the Defendant had no control or duty to control," the district's response states. "... The School Board is not the insurer of the safety of its students and is not strictly liable for any injuries that may occur. Further, the School Board did not have a duty to Shauntiana A. Stafford to supervise all of her movements at all of the times."
