San Diego middle-school student sues district and classmates over bathroom beating

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San Diego middle-school student sues district and classmates over bathroom beating
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A Mexican migrant alleges school officials ignored that classmates bullied her because of her national origin for weeks leading up to the girl being jumped in a school bathroom

A former student at Horace Mann Middle School has sued the San Diego Unified School District and several classmates over a brutal beating she received last year in a school bathroom from a large group of girls, at least one of whom filmed the attack.

The federal lawsuit alleges the school district violated the girl’s constitutional rights by failing to protect her from discrimination that was based on her national origin and gender. It also alleges San Diego Unified provided inadequate training to employees on how to handle bullying and discrimination allegations and maintained unconstitutional policies regarding such training. And it alleges the district violated state laws regarding harassment in an educational facility.

The suit alleges that at least two school staff members were aware of the bullying and promised to investigate it and otherwise address it, but that the district still failed to protect the girl. “On the ground Plaintiff curled up on her left side in a fetal position to try to protect herself from being kicked and hit as blows rained down on her,” the suit alleges. “When Plaintiff was on the ground, multiple people were punching and kicking her everywhere: in the head, neck, back, stomach, legs, and shoulders. Plaintiff cannot remember how many times she was struck; she just knows it was a lot.

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