EAST ST. LOUIS – O’Fallon Township High School expelled tenth grader Zariah Anthony for alleged "mob action" after bullies attacked her, according to a suit her mother Niesha Anthony filed.
Her counsel Mark Schuver of Belleville wrote, “The severity of the punishment was extreme and unwarranted.”
Anthony filed a complaint against the board, superintendent Darcy Benway, principal Richard Bickel, and vice principal Twana Dollison in St. Clair County circuit court in February.
The board removed it to U.S. district court on March 24, claiming federal jurisdiction applied because allegations involved the U.S. Constitution and the Civil Rights Act.
According to Schuver, Zariah and others were called to a meeting with Tollison last May 12.
“All but one of the students in attendance at this meeting were African American including Zariah,” he wrote.
He claimed Dollison used words to the effect of, “All the dark skinned people are causing all of the problems.”
He claimed Zariah told her mother, who called Bickel.
Schuver claimed that contrary to school policy, Bickel immediately contacted Dollison, who contacted Niesha Anthony and confronted her.
He claimed Dollison’s violation of policy stunned Anthony, and she terminated the call.
He added that Anthony called Benway and reported Dollison’s statement and Bickel’s failure to initiate an investigation.
“Benway informed Niesha Anthony that Dollison could not have made a racist statement to Zariah or the other OTHS students in attendance at the May 12 meeting,” Schuver wrote.
He claimed that contrary to policy, Benway made a determination without investigating or appointing a qualified person to investigate.
He also claimed that contrary to policy, Benway refused to address Bickel’s flagrant violations.
Schuver claimed parents of the other students contacted Benway about Dollison’s statement and Benway informed them she concluded that Dollison couldn’t have made a racist statement.
He claimed no student was interviewed and no investigation was conducted.
He added that instead, Dollison retaliated against Zariah by recording on a discipline report that Niesha Anthony complained to Bickel and Benway about her being racist.
“Reporting a racist statement made by a vice principal at a public school does not constitute a disciplinary offense, nor should it be recorded on a student’s disciplinary record,” he wrote.
Schuver claimed that on Aug. 19 a gang of bullies subjected Zariah to name calling, slurs, stalking, threats of violence, and physical harm.
He claimed Zaraiah met with assistant principal Dan Howe and informed him the gang harassed and intimidated her since the beginning of the school year.
Howe allegedly caused one or more gang members to sign a promise not to harass or intimidate Zariah, but harassment and intimidation continued.
Schuver claimed Niesha Anthony called and left messages and other parents made similar reports, but the school ignored them.
He claimed that on Sept. 6 Zariah sat with friends in the cafeteria and gang members began harassing and intimidating them.
They allegedly followed her to class and became so loud that assistant principal Corey Wallis heard them and came out to see what was happening.
Schuver claimed a bully approached Zariah with the intent of causing physical harm, and Wallis stepped between them.
He claimed the bully tried to get past Wallis, and Wallis attempted to restrain and guide the bully away.
Schuver claimed other gang members ran past teachers to attack Zariah and they pushed a hall monitor out of the way.
It allegedly took Wallis and security personnel to keep the bully from breaking free and continuing her attack on Zariah.
Schuver claimed that immediately following the attack, Howe called Niesha Anthony and said the school was going to get Zariah for mob action.
“As it was undisputed that Zariah was alone against the gang of bullies, there was no rational basis for accusing Zariah of mob action,” Schuver wrote.
He claimed the board suspended her, held a hearing on Sept. 12, and then expelled her.
“The board expelled Zariah in retaliation for her and her mother reporting harassment, intimidation, and bullying,” he wrote.
Schuver claimed they failed to determine that her presence would be a threat to safety or would disrupt, impede, or interfere with the school’s operation.
He claimed Zariah has suffered and will continue to suffer from deprivation of educational benefits, severe humiliation, embarrassment, degradation, anguish, and distress.
He claimed the board and its employees acted willfully, wantonly, and with malice.
Brian Funk, Julie Bruch, and Jane May of Northbrook represent the defendants.