Federal lawsuit filed over HIV+ student bullying
11.25.2008 12:04pm EST
(Indianapolis, Indiana) A school district in the state where HIV-positive Ryan White fought for the right to attend classes two decades ago is being sued by the family of a 14-year-old girl who says she was bullied so badly over her positive status that she left school.
The federal lawsuit filed against Washington Township Schools in Indianapolis said that the girl was subjected to name-calling and harassment at Westlane Middle School and that school officials did little to stop it.In one instance, the lawsuit said, the middle schooler’s soccer coach asked the girl whether she had AIDS, then told her the team could use her HIV status to its advantage because “the other team will be afraid.” Someone left a note on her locker that said, “No AIDS at Westlane.”
The girl, “on an almost daily basis, endured continuing harassment, teasing, name calling and bullying by her fellow students,” said the lawsuit, which seeks unspecified damages.
A school official said he had not seen the lawsuit and could not comment on it. An attorney for the family declined to elaborate on the case.
The lawsuit says the girl was found in 2006 to have the virus that causes AIDS. It does not specify how she contracted the virus. She confided her condition to a friend in March 2007, and the bullying began shortly thereafter as word spread throughout the school.
The girl’s mother met with school counselors in April 2007 to complain about the harassment, but school officials took no action other than warning the students involved, the lawsuit said. The mother met with counselors three more times in 2007, and a friend of the girl’s also reported the bullying.
After one meeting that included the girl’s doctor, a school official told the girl’s mother she would like the girl to attend Westlane but “could not promise to protect her,” the lawsuit says.
The girl withdrew from the school in September and is being home-schooled.
Superintendent James Mervilde said he couldn’t comment on the lawsuit but said the district prohibits bullying and harassment and has policies with specific precautions for cleaning up and handling bodily fluids.
“Since Ryan White, our policies have been straightforward,” Mervilde said.
White, who died in 1990, contracted HIV through a blood transfusion to treat his hemophilia. He drew national attention to the plight of children with HIV in the 1980s when as a 13-year-old he was banned from a rural school near Kokomo.
Jeanne White Ginder, White’s mother, now speaks to groups about HIV and AIDS awareness and said including AIDS and HIV education in school is just as important as teaching about any other disease.
“There is no need to panic,” she said. “People need to know it’s not a death sentence.”




this really pisses me off! schools say that they have do not tollerate things like this but that is a total lie. I am a 15 year old teenager and I am openly gay at my school. I barley get bullied about being gay, but I see the looks that teachers give me. anywhere you go, not only in a high school, you hear people say “thats so gay” or “hes being so gay” as an insult to someone and it makes me so mad, not that they say it, but the fact that the teachers hear it and will not do anything about it. I have teachers that make fun of gays, like my gym teacher. if we want to stop gay hate crimes and stop people using comments like that as insults then we need to take this to the schools! after all the kids now will be in controle of the world in the future.
Now this is where Magic Johnson could help immensely. Why doesn’t he go talk to schools such as this one?
It is little short of tragic that those charged with educating youth are often the ones who are bigots themselves and promote bigotry among students, as evidenced by these Indiana teachers. Granted, this is Indiana, not known for tolerant or broad minded people, but it is sad that students have to suffer because of the “educators” ignorance.
I grew up in Indiana and remember Ryan White’s story; I was in middle school/high school when his battles were in the news. I am not surprised by the discrimination or harassment this poor girl deals with. What’s shocking to me is that it’s the same school district!
Sad how history repeats itself.
Schools suck when it comes to protecting bullied minorities. They always say that they do their best to protect the students and have all these wonderfully written bullying policies, but they never do crap to enforce them.
My school recently enacted a brand-new bullying policy that is supposed to be comprehensive and help ‘protect all students so that they may learn in a peaceful, friendly atmosphere’. Yeah, right. That little piece of paper means sooo much when the person who wrote it, is the same person who censors anything to do with lgbt people, and finds any gay behavior to be ‘highly offensive’. I mean, come off your high horse. You don’t care about protecting me; you just like creating the illusion that you do.
I would grab the entity by their financial throat and NOT let go. It’s not about the money, it is the only thing that the entities understand. You call the shots and you decide if and when it is resolved. Totally unacceptable for the school to have let this occur. They should be publically shamed and held accountable for their neglect.