SYRACUSE - Wawasee Community School Corporation has released details of a tort claim filed by a former student and her parent.

The school corporation has denied the claim.

The claim is against the school corporation, North Webster School, North Webster School Principal Sharon E. Sigler, Syracuse Elementary, and Mark Stock, Wawasee superintendent.

The three-page tort claim notice to the school corporation alleges a "racially hostile environment at the (schools); slanderous and defamatory statements made by (Sigler); promotion and maintenance of institutionalized racism; the disparate treatment of the plaintiff; the failure of ... Wawasee ... to take appropriate steps to provide a suitable environment that fosters education; negligent hiring and supervision...; failure to supervise the student...; violation of civil rights...; and negligent and intentional infliction of emotional distress..."

The identities of the plaintiffs in the case were not released by the school. According to the tort claim, the student was a black, female fourth-grader who attended both North Webster and Syracuse elementary schools.

Stock said Friday, "We unequivocally feel there are no grounds for any of the allegations" in the tort claim. According to a "press statement" from the school, "We believe these charges to be absolutely groundless and intend to aggressively defend the school corporation of any and all allegations made in this matter. There will be no further comments made on behalf of the school corporation except for those released by legal counsel."

The tort claim arose from incidents that occurred in January 1997.

One was a Jan. 21, 1997 incident on a Wawasee school bus. The plaintiff claims white students "ridiculed, harassed and made racial epithets" toward her. The claim alleges the plaintiff was "kicked, spat on, and hit in the face with a wet mat" by the other students.

A second was a Jan. 22, 1997 incident at North Webster School during recess. The plaintiff alleges that white students again began "ridiculing and harassing" her, resulting in a fight.

The plaintiff alleges that discipline was meted out unfairly and that the white students were treated differently in both cases.

The complaint further alleges that when Sigler spoke to the plaintiff about these incidents, Sigler referred to the plaintiff in "racially derogatory terms."

The complaint alleges that because of the "racially charged atmosphere" at North Webster School, the plaintiff's parent pulled the student from class. The student was later enrolled at Syracuse Elementary where "unfortunately, (the plaintiff) was called 'nigger' and other derogatory remarks by students at Syracuse Elementary and again she was pulled out of school. Today she is being home schooled," the complaint alleges.

In a 22-page response to the tort claim, attorneys for the school corporation dispute the allegations.

The school corporation's response states that in the bus incident, the plaintiff and another student were involved in a verbal confrontation that culminated in the plaintiff being called a "black nigger." At that point the plaintiff "physically attacked" the other student who did not fight back. A second student tried to intervene and was pushed to the floor by the plaintiff. The bus driver stopped the fight.

In the recess incident, a student "barked" at the plaintiff. The plaintiff responded by attacking and knocking the other student down, causing the other student to hit her head on the ground, causing a large "knot." The plaintiff also chased another student during the altercation and spit in his face, the school's response states.

The school defends its handling of both situations, stating that discipline was meted out fairly and according to the severity of the conduct. The student that received the most serious discipline was the one who used the racial slur. All other students involved in the incidents were also disciplined, including the plaintiff. The action taken against the plaintiff was not based on race, the school said, but on the fact that she physically attacked other students.

The school states that the alleged "racially derogatory term" used by Sigler was the word "Negro." Sigler told the plaintiff, "Your problem is not that you are a Negro. Your problem is that you are hot-headed and the kids know they can make you react so they do it. We have had several Negro students at our school in the past and they have been well accepted. They did not have problems because of being a Negro. The fact that you are a Negro is not your problem. You just have to be less hot-headed."

The school contends that "while it is true that the use of the term 'negro' is somewhat old-fashioned, it is by no means actionable.... The simple fact is that the use of the single term 'Negro' in an of itself is not actionable, and is not remotely close to arising to the type of conduct necessary to create an educational hostile environment as a matter of law."

The school also responded to the alleged incident at Syracuse School. A student there used the racial epithet "nigger" in reference to the plaintiff. The school immediately contacted the student and her parents and discussed the situation. The student was disciplined.

The plaintiff also was involved in a fight with a student at Syracuse. Both students were punished by loss of recess time and were sent to a counselor.

The plaintiff began attending Wawasee schools in December 1996 and left the school system in March 1997.

The school states that the plaintiff - while attending both schools - was a recurrent discipline problem and was repeatedly without school materials and homework. The school states that numerous efforts were made to correct these problems and that the student and her parent were counseled repeatedly.

A tort claim is a request for damages. After being denied, it is up to the plaintiff to file suit for damages.

The amount of damages that is being sought was not released. [[In-content Ad]]