Hawaii DOE Class Action Says Public Schools Ignore Bullying

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The Hawaii Department of Education is facing a class action lawsuit from several families alleging that public schools in the island state ignore bullying complaints from students.

Three families recently filed the class action lawsuit against the Hawaii DOE claiming that public school students are forced to endure discrimination, harassment, and violence despite complaining to officials.

Plaintiff Marchet Fullum brought claims on behalf of her minor child J.F. During the 2017-2018 school year, J.F. was allegedly bullied repeatedly. The Hawaii DOE class action says other students targeted her with racial slurs and physically assaulted her, leaving her bruised and traumatized.

Due to the repeated harassment, J.F. became depressed and allegedly developed PTSD. Despite reporting the bullying to school officials, no disciplinary action was taken by the Hawaii DOE against the bullying. Instead, the school disciplined J.F. for lashing out in fear. She has since been transferred to a private institution, at the expense of her family.

Plaintiffs Gerald and Sandee Niblock brought similar claims on behalf of their minor child K.N. During the 2015-2016 school year, K.N. was reportedly threatened by an older student who planned to physically assault her.

After hearing the threats, K.N. says she told two separate counselors about the threats. However, no action was taken and later that day, K.N. was violently assaulted.

The older student violently attacked her, leaving her with a concussion, cuts, and bruises after being struck in the head repeatedly. Other students allegedly filmed the incident and posted it later to social media.

K.N. sustained severe psychological harm and says when she tried to return to the counselor she reported the threat to, the counselor allegedly told her that she was at fault for the assault. She has since been removed from the school and will be transferred to a different institution.

According to the Hawaii DEO class action lawsuit, 40 percent of students in the island state report feeling unsafe at school due to bullying and harassment. Additionally, 60 percent of students allegedly agree that bullying is a problem. Despite these statistics, the Hawaii DEO allegedly does not effectively respond to complaints of harassment and bullying.

In January 2018, the Office for Civil Rights reportedly found that the Hawaii DOE failed to meet federal standards regarding harassment prevention and response.

“On a deeper level, the Department failed to adhere to even the basic expectations of parents and students attending public schools by neglecting its responsibility as policymaker, and by the blatant and repeated failure to protect victims of bullying and harassment,” the Hawaii DOE class action states.

The families, on behalf of their minor children, seek to represent a Class of current and former students of Hawaii public schools who were bullied or harassed at school, on the way to or from school, or at a school-sponsored function.

The Hawaii DEO class action lawsuit seeks injunctive relief, declaratory relief, special damages, general damages, punitive damages, and the appointment of a Special Master to operate the Hawaii DOE.

The families are represented by Eric A. Seitz, Gina Szeto-Wong and Jonathan M.F. Loo.

The Hawaii DEO Class Action Lawsuit is Fullum, et al. v. Dr. Christina Kishimoto, et al., Case No. 1:18-cv-00332, in the U.S. District Court for the District of Hawaii.