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After Son Is Assaulted and Tattooed, Parents Sue School District

After Son Is Assaulted and Tattooed, Parents Sue School District


The parents of a New Hampshire teenager who was assaulted and forcibly tattooed on the buttocks by four older students during school hours at Concord High School have sued their school district.

Michael and Tammy Austin are seeking unspecified damages from the district in Concord, New Hampshire, which they say failed to provide a safe environment for their son and to protect him from bullying in the incident, which happened in May 2010, when their son was 14.

In a similar case, a New Jersey school district was recently forced to pay $4.2 million to settle a lawsuit by a middle school student who was paralyzed when a known bully punched him in the abdomen. After the settlement was reached, the Ramsey Board of Education released a statement denying any wrongdoing, but saying that the districtís insurance carriers agreed to the settlement and would pay it out.

Photos Circulated On Cell Phones And On Facebook

In the Concord incident, a group of older students lured the boy to a house near the school, where they tattooed a picture of a penis and the words ‘Poop Dick’ on his buttocks, according to the lawsuit filed in Merrimack County Superior Court.

From Reuters:

“We believe they had a duty to protect, and they failed in that task,” Stephen Duggan, an attorney for the parents, said in an interview this week.

“The end result is he was physically assaulted with this horrendous tattoo. While modern medicine will allow it to be removed to some degree, the emotional scars will live on.”

The victim, who had been diagnosed with attention deficit disorder, suffered further emotional distress after other students took pictures of the tattoo and circulated them on cell phones. He was also subject to bullying on Facebook after the incident, the complaint said.

The school exacerbated the situation by calling an assembly on bullying on the victim’s first day back at school after the incident, it said. Following the assembly, he was further harassed and bullied, the complaint said.

The suit said school officials failed to fulfill a promise to provide chaperones for the boy, who had a history of skipping classes, to make sure he got from one class to the next.

A trial is scheduled for October, with school officials to be deposed in July. The lawsuit was filed in July 2011 but just started to receive media attention this week.

Meanwhile, the school district has responded that it acted properly and that the students who participated in the tattooing were at fault. It has even stated that it took all appropriate actions before and after the incident. Really? What actions did they take? Whatever they were, they obviously made no difference to anyone.

Donald Wyman, then 21, Blake Vannest, then 19, and two minors bullied the Austin’s son for months prior to the incident, calling him insulting names, the complaint said. In 2010 they all pleaded guilty to criminal charges stemming from the tattoo incident and were sentenced to serve between three days and six months in jail.

It is good that justice has been served in this way, but the school still needs to admit that it was at fault.

Schools Legally Responsible For The Youngsters In Their Charge

“In loco parentis” means that schools are responsible for a student while that child is in the care and under the supervision of the school. What this means for teachers is that we are responsible for those children while their parents hand them over to us; I have always been told that if anything happens to my students while they are officially in my care, then I will be held responsible.

Schools must also assume responsibility for children on their way to and from school if the school district is in charge of the mode of transportation, and schools are legally required to deal with bullying that occurs on school property, during school hours.

In the Concord situation, school officials failed to protect the Austin child from bullying while he was legally under their care, and so they must be held accountable. They are at fault, and they need to admit that.

Take Action Now!

If you agree, please sign our petition demanding that the Concord School District take full responsibility for the bullying inflicted upon the son of Michael and Tammy Austin while he was in the care of Concord High School.


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2:11PM PDT on Aug 26, 2012

Between 3 days and six months in prison serves as just punishment for tormenting a young boy for a lenghty time and then scar him for life? I think not! As a survivor of bullying I have way firmer punishment in mind for those guilty!

12:46PM PDT on Aug 17, 2012

The parents of bullies too often encourge the bullying. They need to be punished.

11:49AM PDT on Aug 17, 2012

speak out against bullying. The parents of the bullies are also to blame.. nip bullying in the bud

3:06PM PDT on May 10, 2012

Small point the School district will take the money from education for other children to give that bucket of money. The taxpayers will pay the bill. But the people who let it happen if they could have stopped it will not be punished.

Those who let it happen need to be punished if they could have stopped it. But many children today feel and try to get away with anything because any parent can sue for even a teacher trying to stop their child from bullying. So just taking money from being spent on education of which there is too little now will not help. Think about it.

12:46PM PDT on May 9, 2012

@Josiah T.;@Wendy F.: You both have valid points and I agree with different parts from both of htem.

12:05PM PDT on May 8, 2012

I'm afraid the general public just doesn't understand kids these days. No matter how the school interfered the bullies would just continue to look for ways to harass the innocent, that sort of behavior does not go away with just a talking to or education, it takes deep therapy and extensive help to straighten those kids out. The urge that these bullies have to abuse others almost always stems from personal experience of abuse or chronic narcissism/insecurity. That takes psychological treatment. The schools just don't have the resources for psychotherapy.

10:31AM PDT on May 8, 2012

Schools have got to be more pro-active against bullying! They never really seem to want to "get involved", and this is sending the wrong message to the children.

7:39AM PDT on May 8, 2012

If the school had been more attentive and done their part this never would have escalated to this extent. This kid is never going to forget this or get over it. It's bad enough that name calling bullies scar kids but this is prosecutable. Why the hell should these kids get away with disfiguring someone for life? It's too outrageous!

12:04AM PDT on May 8, 2012

I don't blame him!

12:04AM PDT on May 8, 2012

I don't blame him!

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