RIVERSIDE, Calif. (Legal Newsline) – A California school district alleged to have failed to act on high-school bullying won’t be liable for the suicide of a sophomore who suffered from Tourette’s syndrome.
The Fourth Appellate District affirmed a San Bernardino County ruling that found the Chino Valley Unified School District and Ayala High principal Diana Yarboi are entitled to immunity from litigation brought by the parents of Kennedy LeRoy.
The Nov. 16 opinion says LeRoy also suffered from sensory integration disorder and borderline Asperger’s syndrome. He physically attended only two classes and lunch during his 2014-15 sophomore year.
He said he was bullied in cooking class by a student who called him a “faggot,” threw things at him and pushed him into walls. He reported this to administrators, which led to both students signing a “No Contact Contract.”
Weeks later, LeRoy complained the student was doing something to cause painful Tourette’s ticks but verified that the student had not spoken to him.
Two days after his sophomore year concluded, LeRoy wrote a suicide note and ingested a fatal amount of Benadryl and Zoloft. His parents sued the school district, alleging LeRoy killed himself because of bullying it failed to address.
The plaintiffs tried to avoid the statutory immunity afforded the school district by arguing it failed to exercise reasonable care.
“Kennedy committed suicide off-campus during summer break in the LeRoys’ home while he was not and should not have been supervised by Respondents or any other Ayala employee,” Justice Carol Codrington wrote.
“At the time, no one at Ayala had assumed responsibility for his wellbeing. Under these tragic circumstances, Respondents are immune from liability for Kennedy’s death under section 44808, even if they breached a duty they owed him.”