PITTSBURGH – A former Beaver Area School District student contends that he was the ongoing subject of severe hazing, bullying and harassment during his eighth grade year by his football teammates, and that despite his parents notifying the school’s principal/football coach on multiple occasions, nothing was done to stop the abuse he sustained.
Shyler Drumm of Monaca first filed suit in the Beaver County Court of Common Pleas on Feb. 22 versus Beaver Area School District, Jeffrey Beltz and Nicholas Collins, all of Beaver.
“Beginning in the 2016-2017 school year, Shyler was diagnosed with Generalized Anxiety Disorder and Attention Deficit Hyperactivity Disorder (ADHD). School District was advised of this diagnoses and disability and his need for special accommodations was addressed to a limited extent by the School District. In eighth grade, during the 2017-2018 school year, Shyler joined the School District’s football team. After joining the team, Shyler began to suffer hazing and bullying that was brought to the attention of defendant Beltz,” the suit said.
“Shyler was called ‘Shytard’ and ‘mama cry baby’, by teammates, including defendant Collins, who also shot rubber bands at him while in school and class. These concerns were brought to defendant Beltz’s attention on numerous occasions by Shyler’s parents. At no time was any type of investigation completed as is required by the School District’s own policy, rather all complaints were dismissed as ‘kids being kids.’ At one point after reporting their concerns to defendant Beltz, it is believed that defendant Beltz told the students who were bullying and harassing Shyler to stop because his mother had called. This only exacerbated the situation, causing Shyler to suffer additional embarrassment, hazing and bullying.”
The suit added that in November 2017, the hazing and bullying escalated, resulting in Shyler’s toe being broken during football practice – and subsequently, in December 2017, while in gym class, Shyler was hit in the head with a racket by one of his bullies and former teammates, causing him to suffer a concussion.
“Again, Shyler’s parents brought their concerns to the attention of Beltz, but no investigation occurred and no action was taken by the School District. On March 5, 2018, Shyler stayed at the school for a School District volleyball game. While at the volleyball game, Shyler went to the weight room to talk to a friend. While talking to his friend, defendant Collins, one of his former teammates, came up behind him and negligently and/or recklessly put him in a headlock, holding Shyler until he went unconscious, then dropped him in the floor, causing Shyler to hit his head against the floor. As a result, Shyler sustained severe and permanent injuries,” the suit stated.
“Despite plaintiff and his family members’ repeated notice to School District officials, including defendant Beltz, about this situation and the marked toll it had taken on plaintiff's academic success and emotional state, defendant School District did nothing to ensure that plaintiff was educated without fearing for his personal safety and enduring daily humiliation. Defendant School District did not followed its own established procedures for handling and investigating complaints and for disciplining students involved in the harassment. Defendant Beltz and defendant School District turned its back on this vulnerable student by not addressing the harassment directly.”
Due to the “severe nature of Shyler’s injuries, the fear of ongoing harassment and bullying, and the failure of the School District to take any action to provide Shyler with a safe educational program, Shyler’s family moved following the 2017-2018 school year so that Shyler could attend a new school district,” according to the suit.
Citing the federal statutes referenced in the complaint, defendants Beaver Area School District and Beltz motioned to remove the complaint to the U.S. District Court for the Western District of Pennsylvania on March 22 – an action co-counsel for defendant Collins did not object to.
For counts of violating the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, state-created danger, negligence, violating the Americans with Disabilities Act of 1990 through intentional discrimination, a 42 U.S.C. Section 1983 for enforcement of the Americans with Disabilities Act of 1990, breach of fiduciary duty, negligent infliction of emotional distress and medical costs, the plaintiff is seeking, jointly and severally, in compensatory, punitive or exemplary damages, interest and allowable costs of suit and brings this action to recover same.
The plaintiff is represented by Kenneth G. Fawcett of Bowers Ross & Fawcett, in Ambridge.
The defendants are represented by Teresa O. Sirianni of Marshall Dennehey in Pittsburgh, and Michael E. Lang of Margolis Edelstein, in Beaver.
U.S. District Court for the Western District of Pennsylvania case 2:24-cv-00438
Beaver County Court of Common Pleas case 11687-2023
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com