PHILADELPHIA – Parents who alleged that Abington Friends School (AFS) mishandled complaints that their white, Jewish child was being bullied by Black students within the school and that school officials failed to provide them with appropriate learning disability accommodations, have agreed to settle their claims for $150,000.
Student Doe, Father Doe and Mother Doe first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Jan. 4, 2022 versus Abington Friends School
“Student Doe is a white, Jewish child with a disability who attended AFS Middle School during Student Doe’s 8th grade school year (2019-20) and AFS Upper School during Student Doe’s 9th grade school year (2020-21), during which time, Student Doe was subjected to racially-charged harassment and bullying, anti-Semitic comments, and an increasingly hostile environment, both in school and virtually,” the suit said.
“During this time, AFS, through its employees, agents, officials and administrators, was fully aware of, and acquiesced in, the hostile environment and the harassment and bullying of Student Doe by numerous Black AFS students, and failed to take reasonable steps to investigate (despite repeated assurances to do so) and/or prevent it and to follow its mandatory disciplinary procedures, because the victim – Student Doe – was white and Jewish and because the harassing AFS students were Black, and because AFS did not want to confront the hostile environment for its white and Jewish students at AFS and any harassment and bullying of white and/or Jewish students by Black students occurring within the AFS community.”
The suit added that Student Doe was labeled as a “racist” by the bullies in question for using bronzer on her face and for hosting a bar/bat mitzvah party where guests used the “n-word” while singing along to popular rap music, and was the target of numerous instances of anti-Semitic jokes, remarks and behavior.
“AFS students, and particularly Student 1, also demonstrated hostility toward Jewish students at AFS, including Student Doe, and made numerous anti-Semitic remarks to Student Doe at school, including Student 1 telling Student Doe (and others at AFS) that ‘all Jews were racist’ and that Student 1 had ‘never met a Jew who wasn’t racist,’ in order to both harass and offend Student Doe and to continue to perpetuate the false narrative and accusations of Student Doe being a ‘racist.’ Another AFS student had also sent Student Doe an image which depicted a photo of Adolf Hitler in full Nazi uniform with the statement, ‘I would make a Jew joke, but I’m sure you’ve heard it 6 million times,” the suit stated.
Student Doe was withdrawn from the school at the conclusion of the 2020-2021 school year.
According to the parent plaintiffs, AFS school officials “acquiesced in the hostile environment and the harassment and bullying of Student Doe by numerous Black AFS students, and failed to take reasonable steps to investigate (despite repeated assurances to do so) and/or prevent it and to follow its mandatory disciplinary procedures, because the victim – Student Doe – was white and Jewish and because the harassing AFS students were Black.”
Meanwhile, school officials had entirely denied the allegations in a Jan. 11 answer to the case.
However, subsequent litigation led to a settlement in the case – the final approval of which was secured on Aug. 15 and authorized by U.S. District Court for the Eastern District of Pennsylvania Judge Gerald J. Pappert on Aug. 16.
“Defendants have agreed to settle the claims against them for a gross settlement amount of $150,000. Plaintiffs seek the following allocation: (1) $111,300 to Mother Doe and Father Doe to reimburse them for tuition, medical expenses and tutoring costs and (2) $38,700 to Student Doe for payment of tuition and costs related to the child’s enrollment at Jack Barrack Hebrew Academy for the 2023–2024 school year,” Pappert said.
“The parties engaged in significant discovery before reaching their settlement and understood the pertinent facts and law. Additionally, plaintiffs’ counsel described, in a telephone conference held on the record the considerations underlying the settlement, including the effect of continued litigation on the child’s mental and emotional well-being, the uncertainty of success on the Title VI and Section 504 claims, the costs of continued litigation, and the value to the Plaintiffs of the nonmonetary remedies. The Court’s independent review of the case confirms that the $150,000 settlement is adequate given the nature of the injuries alleged, the value of the non-monetary relief to the child, and the uncertainty of a litigated outcome.”
The Court also “independently reviewed the settlement’s proposed distribution,” according to Pappert.
“Three-quarters of the fund, $111,300, is to be distributed to Mother and Father Doe: $33,653 to reimburse them for mental health treatment costs paid on Student Doe’s behalf; $3,472 as partial (77%) reimbursement of tutoring costs paid on Student Doe’s behalf; and $74,175 to reimburse Mother and Father Doe for tuition paid to AFS ‘related to Plaintiffs’ breach of contract claims.’ The remaining balance, $38,700, will be distributed for payment of Student Doe’s tuition at Jack Barrack Hebrew Academy for the 2023-2024 school year. This proposed distribution is fair,” Pappert said.
“The $74,175 tuition refund represents a settlement of the state law contract claims brought by Mother and Father Doe in their individual capacities. The remainder of the distribution to Mother and Father Doe reimburses them for expenses incurred for the care and benefit of Student Doe. Payment of Student Doe’s tuition for the upcoming school year directly benefits the child by providing ‘a supportive educational environment that will meet Student Doe’s unique needs.’ Furthermore, as counsel explained during the on-the-record telephone conference, the non-monetary aspects of the settlement – particularly the letter of regret from the head of school – significantly benefit Student Doe by providing the child the opportunity for closure.”
The plaintiffs were represented by Scott H. Wolpert and Christine M. Gordon of Timoney Knox, in Fort Washington.
The defendant was represented by Lee C. Durivage of Marshall Dennehey Warner Coleman & Goggin, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:22-cv-00014
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com