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Mother files lawsuit against District 303, parents over alleged bullying

Published: Tuesday, Nov. 5, 2013 5:30 a.m. CDT • Updated: Wednesday, Nov. 6, 2013 10:58 a.m. CDT

ST. CHARLES – A St. Charles mother has filed a lawsuit against the St. Charles School District 303 and another child’s parents after she said her son was bullied at school.

Tracie Hunley and her son are named as the plaintiffs in the suit filed last week, which seeks damages in excess of $50,000 for an incident that allegedly happened on or about Oct. 16, 2012, according to the lawsuit.

The school district, a minor child and the child’s parents are named as the defendants in the case.

According to court documents, Hunley’s son had been bullied by another student while attending Davis Primary School in St. Charles last year.

The lawsuit states that District 303 staff members and administrators knew of the bullying, and staff members were supposed to be notified both orally and in writing that the two students needed to be separated while on school property.

Court documents also state that the school district held individual meetings with the family of both students to inform them of this policy.

“Despite District 303’s knowledge of the bullying acts, the two were let out for supervised recess together on Oct. 16, 2012,” the suit states.

It says the minor defendant named in the lawsuit struck Hunley’s son, “causing him to fall and injure himself.”

It also says that the plaintiffs “did not learn of the failings and wrongdoing until well after the Oct. 16, 2012, incident,” and that Hunley’s son fell, “causing serious and permanent injury to his person.”

One count of the lawsuit states the school district recklessly failed to take the proper steps to prevent the two boys from coming into contact with one another, recklessly failed to ensure that all staff members received notification that the two boys be separated from one another at all times and purposely allowed the two boys to go out to recess together.

A second count of the lawsuit says the minor defendant’s parents knew of the potential danger and failed to take proper steps to prevent the two boys from being in contact.

It also states that they failed to remove their son from Davis Primary School after the alleged bullying began.

Count two of the lawsuit states that the defendants “failed to properly parent” and “failed to properly discipline” the minor defendant and also failed to restrain the minor defendant from contacting the minor plaintiff.

A message left with District 303 spokesman Jim Blaney was not immediately returned Monday.

The next court date is scheduled Jan. 16 in at the Kane County Courthouse in Geneva.

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