The parents of five Black students filed a federal lawsuit against the Livingston County school district alleging officials ignored over a decade of racism and harassment aimed at their children despite having knowledge of a litany of hostile incidents.
Filed by civil rights firm Marko Law in the Eastern District of Michigan on Monday, July 9, the lawsuit names Pinckney Community Schools, Superintendent Rick Todd, Navigator Upper Elementary School Principal Janet McDole and former Pathfinder Middle School Principal Lori Sandula.
According to the complaint, “racism has permeated” the district, which is reportedly 92.3 percent white, for years. The Black students — one of whom the Detroit Metro Times reports is as young as 11 — have been called the N-word, “monkey,” “cotton picker,” “hoodlum” and told they “don’t belong” by their white peers.
The suit also alleges that some students were physically assaulted and received death threats because of their race.
The parents said despite repeatedly reporting the incidents, the defendants “turned a blind eye and failed to meaningfully address the racism once and for all.” The victims “suffered emotional trauma” and were unable to focus on their education as a result, the suit states.
“Any school district has a duty and obligation to look out for the welfare and wellbeing of its students,” attorney Jon Marko said, according to a report by the Detroit Metro Times.
“Not only did Pinckney Community Schools breach its duty when it failed to protect these children from racial discrimination, but it also failed to act or protect from the incessant bullying and humiliation the children experienced. As a consequence, racism continues to permeate throughout the school district. No parent should be scared to send a child to school for fear of racial harassment.”
The filing cites numerous incidents of racially charged harassment as well as the defendants’ failure to even attempt correcting the behavior. Instead, they said officials demonstrated apathy that “condoned and encouraged racial intimidation.”
Among them are white students saying “Wakanda forever my brother” to a Black student; sending sexually explicit images of two Black males to a Black student via social media and calling them “gay”; asking an Indian student if they could put a red dot on their forehead; and being told “that’s what your kind does” while one of the students was playing basketball.
In another instance, a student who was repeatedly harassed attempted to avoid conflict by waiting until the hallways cleared to go to class but was written up for being tardy to class. Students also allegedly circulated a “N-word pass” that supposedly gave them permission to use the slur.
The parents of the Black students allege there were teachers present sometimes when their children were called racial slurs but did nothing to address or correct the situations. When they attempted to meet with Todd and Sandula to discuss the problems, the filing states the meetings were set, then cancelled and never rescheduled. They also said in some instances they never received any response whatsoever.
Instead of attempting to address and correct the racism and harassment the Black students experienced, the lawsuit says officials showed a “deliberate indifference” to the racist behavior that created a “hostile educational environment.”
After alerting McDole after one of many racist incidents, the lawsuit says she failed to notify the parent of the child who used the racial slur. When the Black student’s parents contacted the child’s father themselves, the father said he had never been informed of the incident, according to the filing.
His child admitted to using the slur and when the father asked McDole why she never told him about it, she allegedly told him she “did not want to bring negative attention to the situation or for the children to be labeled racist.”
The lawsuit further alleges that school officials penalized the victims more harshly than their white peers when doling out discipline after the Black students responded in self-defense.
CBS Detroit said when they reached out to Todd for comment he said he was unable to address the litigation.
“I just learned of this filing this morning via the media as I have not yet received any official notice and at this time, am not at liberty to speak on behalf of the lawsuit. Thank you for understanding,” Todd said.
The students’ names have been withheld for privacy and security purposes, but their parents said they are going to fight on their children’s behalf.
Brandon and Jill Gnass told CBS Detroit they were “devastated” when they found out their youngest adopted son was being harassed and they tried everything before filing the lawsuit. “The reality is that the way that the school operated, this continues to be a situation,” Brandon said.
“[We sent] emails, phone calls, we had an in-person meeting at one point. We definitely made them well aware of what was going on,” Jill added before noting they told their son, “we hear you and we’re going to pick up that fight for you.”
