School wrongly suspended student ‘trying to do the right thing,' judge rules
A Virginia Beach Catholic school's decision to suspend a student for not immediately reporting that a classmate had a bullet was 'appalling,' and violated the terms of his family's contract with the school, a judge ruled this week.
The decision was issued Monday by District Court Judge Vivian Henderson after she heard testimony from the student's mother, as well as the former principal of St. John the Apostle Catholic School, and the superintendent of schools for the Diocese of Richmond, according to a transcript of the hearing.
'The unfortunate victim in this matter was (the boy who reported the incident),' Henderson said in announcing her decision. 'Because to see him punished as the person who was trying to do the right thing is appalling … Especially in an environment where students are forced, younger and younger kids are being forced, to make adult-like decisions, without clear boundaries or parameters.'
Rachel Wigand sued St. John's in September after her 11-year-old son was suspended for 1½ days. The lawsuit claimed the school breached its contract with the Wigand family by punishing the boy for something not in the student-parent handbook.
The handbook doesn't say anything about needing to immediately report incidents in which a student has ammunition, according to the complaint. The only thing it says must be immediately reported is allegations involving sexual harassment.
In an interview with The Virginian-Pilot last year, Wigand said her son waited a couple of hours to come forward because he wanted do it when the other boy wasn't around. She also said her son couldn't understand why he was punished, especially when it was the same disciplinary action received by the student who brought the bullet to school.
In her lawsuit, Wigand asked that she be reimbursed for the $4,780 in tuition she paid for her son for the first half of the school year. But on Monday, her attorney Tim Anderson told the judge she was only requesting $81, as well as attorney's fees and other costs. The $81 represents about how much a day and a half of tuition amounted to, Anderson said.
'This wasn't about the money,' the lawyer said. 'It was about much more than that. What we wanted was a clear ruling from the court that this was a suspension and that it was not allowed under the contract.'
St. John's officials repeatedly claimed the punishment was not a suspension, Anderson said, and that it was allowed under the rules.
The Catholic Diocese of Richmond issued a statement Tuesday in which it said it stood by the school's decision.
'At St. John the Apostle School, we are dedicated to maintaining a safe and focused learning environment for our students,' the statement said. 'While we disagree with the court's decision, we respect the legal process. Our focus continues to be providing enriching and Christ-centered learning experiences for our students, and we are hopeful this conclusion will bring all parties involved an opportunity to move forward.'
Wigand applauded the judge's decision Tuesday. While her children still attend St. John's, she's considering sending them elsewhere next year.
'I truly appreciated having an independent third party recognize that the school's decision was wrong,' she said. 'After seven months, it was a weight lifted off my back for just trying to do what was best and right for my child.'
Jane Harper, jane.harper@pilotonline.com
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