Complaint against Private School

Your Name

Your Address

 

[Enter Date]

 

Office for Civil Rights,

New York Office

  1. S. Department of Education

32 Old Slip, 26th Floor

New York, NY 10005-2500

Telephone: (646) 428-3800

Facsimile: (646) 428-3843

Email: OCR.NewYork@ed.gov

 

Re: COMPLAINT

The Complainant writes this letter complaining about racial harassment experienced by the Complainant’s daughter, as alleged herein. 

PARTIES

  1. Complainant, [ENTER NAME], an individual of address [ENTER ADDRESS], sues on behalf of his/her daughter [Xhosi’s full names], a child of ten-year-old.  
  2. Respondent, Winston Preparatory School is a Private school located in New York of address 126 west 17th street NY, NY 10011 (hereinafter, “the school”).

FACTUAL BACKGROUND

  1. On or about August 10, 2020, the Complainant’s daughter, Xochi (10 years old), was enrolled in the Respondent’s school for the start of the semester. 
  2. On or about September 2, 2020, Xochi attended a virtual first night meet and greet on Google Meets. Sandy Hagerty was hosting the chat. 
  3. During the meeting, persons who seemed to be students started using the term “nigger” as if counting off black students that they could identify. When it seemingly came to the moderator’s attention, he responded by saying that there was no inappropriate language in the chat. 
  4. Two hours after the incident, the Complainant received a halfhearted blanket apology that included the entire school. Consequently, the school kept sending numerous emails regarding other school activities as if nothing had happened.
  5. On or about September 9, 2020, the Complainant contacted the school regarding the school’s insensitivity to the families directly affected by the incident.
  6. Essentially, the Complainant’s communication with the school was to get the school to ensure the safety of other black children. 
  7. Following the communication, the school never responded until the Complainant sent a picture of the chat. The Complainant’s wife had taken a picture of some of the chats. 
  8. On or about September 9, 2020, the school’s Principal stated that he consulted with the Director of Technology and that there would be no further anonymous access to the system to avoid more racist remarks in the future. 
  9. On September 22, 2020, the Complainant’s education lawyer, Sandra Robinson esq, reached out to Principal Hagerty to express reservations about Xochi joining classes. Principle Hagerty expressed his plans for student safety and requested to have a conversation with us on September 23, 2020. 
  10. Consequently, the school told the Complainant verbally that they had investigated and could not find the people responsible. 
  11. On or about September 22, 2020, the Complainant’s education lawyer, Sandra Robinson esq, reached out to Principal Hagerty to express the Complainant’s reservations about Xochi joining classes. Principle Hagerty expressed his plans for student safety and requested to have a conversation with the Complaint on September 23, 2020. Accordingly, a conference meeting was held as requested.
  12. On or about October 7, 2020, the Complainant requested the education attorney Sandra Robinson esq with New York Law Assistance Group, to inform the school that Xochi will not be attending Winston prep. Accordingly, the Complainant withdrew Xochi from the school and is currently setting up a home school program for her due to the circumstances. 
  13. On or about October 14, 2020, the Complainant’s father contacted the school and demanded a refund immediately and revealed his intent to sue them.
  14. On or about October 15, 2020, the Complainant received an Enrollment Release Letter via email.
  15. On or about 16, 2020, the Complainant received a Refund check via FedEx for the deposited amount of $600.
  16. After the incident, Xochi was visibly shaken and still does not understand why kids would say such words. 

ALLEGATIONS

COUNT 1

DISCRIMINATION AND HARASSMENT 

(Title VI of the Civil Rights Act of 1964)

  1. The conduct and/or verbal slurs made against the Plaintiff’s daughter, as set forth above, constitutes discrimination and harassment based on race.  

 

  1. This claim is brought pursuant to 42 U.S. Code § 1981(c), and 1983, et seq.

COUNT 2

ACTION FOR NEGLECT TO PREVENT 

(Title VI of the Civil Rights Act of 1964)

  1. The conduct and/or verbal slurs made against the Plaintiff’s daughter, as set forth above, constitutes neglect to prevent racial harassment against students under the Respondent’s school.  
  2. The school is an elite private school that should have had protections to protect the Plaintiff’s daughter from such an experience. 
  3. This claim is brought pursuant to 42 U.S. Code § 1986.

 

COUNT 3

DISCRIMINATION AND HARASSMENT

(New York Education Law §12)

  1. The conduct and/or verbal slurs made against Plaintiff’s daughter, as set forth above, constitutes harassment based on race.  
  2. This claim is brought pursuant to New York Education Law §12(1).

 

COUNT 4

POLICIES AND GUIDELINES

(New York Education Law §13)

  1. The conduct of the Defendants, as set forth above, constitutes a violation of the requirements under the aforementioned law. 
  2. The school failed to enact and follow up on policies meant to curb and prevent further racial harassment.   
  3. This claim is brought pursuant to New York Education Law §13(1). 

 

WHEREFORE, Complainant seeks the following remedies:

  1. Damages for the subjection of the Complainant’s daughter to such an incident.
  2. The Respondent be ordered to effect a working policy and/or mechanism to protect minority groups in the school. 
  3. Any other order that this institution deems just. 

 

______________________   ___________________________________

      DATE SIGNATURE (COMPLAINANT)

 

______________________      ___________________________________

      DATE SIGNATURE (COMPLAINANT’S DAUGHTER)

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