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District 303 seeks dismissal of bullying lawsuit

Published: Monday, July 21, 2014 1:01 p.m. CDT • Updated: Monday, July 21, 2014 11:03 p.m. CDT

ST. CHARLES – St. Charles School District 303 is asking a judge to dismiss a lawsuit in which a graduate claims the district – along with its school board, six drill team coaches, two athletic directors and two principals – did nothing to stop ongoing bullying and harassment against her.

Daniella Kapusta, who attended St. Charles East High School from fall 2009 to spring 2013, claims in the lawsuit that her teammates on the district drill team called her derogatory names, spread false rumors about her and, among other actions, ostracized her.

The suit alleges the defendants failed to protect her from verbal and physical bullying by her teammates.

Court documents filed on behalf of the defendants assert the claims should be dismissed.

"The Tort Immunity Act cloaks school districts and their employees with absolute immunity from liability when responding to and handling complaints of bullying in the schools," according to a motion filed last month. "As such, the tort claims are barred and should be dismissed."

In further support of dismissal, the motion states, Kapusta failed to state a cause of action for her claims of willful and wanton conduct and intentional infliction of emotional distress.

A hearing on the motion to dismiss is set for 9:30 a.m. Sept. 18 before Judge Edward Schreiber.

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