SACRAMENTO -- A student and his father filed a federal complaint on July 29 against Jesuit High School of Sacramento, alleging it retaliated against him for calling something "retarded."
The suit was filed in the U.S. District Court for the Eastern District of California and alleges the civil rights of a student known in court papers as A.P. were violated by JHS and fellow defendants John McGarry and Michael Wood. The complaint also alleges breaches of contracts and intentional infliction of emotional distress.
According to the complaint, A.P., 17, is a Mexican American student with learning disabilities. He has attention deficit hyperactivity syndrome and dyslexia, which the school committed to accommodating through a formal written plan.
On April 11, 2020, the school accepted a Paycheck Protection Program loan in the amount of $2,326,747 offered under the CARES Act and by accepting this funding, JHS’s activities became regulated by the Small Business Administration’s antidiscrimination regulations, which prohibit discrimination on the basis of race, color, religion, sex, handicap, age, or national origin, the suit claims.
On June 23, 2020, an “open letter” was written to JHS President McGarry, Dr. Wood, Dean of Students LaRoddric C. Theodule, members of the Jesuit Administration, and “the Jesuit community as a whole” regarding racism and racial inequality following the George Floyd murder.
Students were asked in class what they thought of the June 23 Letter, and A.P. said he thought it was “retarded.” The teacher quickly reminded A.P. that “we are careful with our words," the suit claims.
Nothing else was said, and no discipline was imposed. While A.P.’s use of the term was inappropriate, he plainly used it as slang to express criticism of the letter, he claims. It was obviously not intended to denigrate a person with an intellectual disability, the suit says.
The students were then instructed to write a response to the student authors of the June 23 Letter on specified topics. In response to these events, a group of parents, alumni and donors created an informal group called the “Concerned Parents.”
On October 6, 2020, the Concerned Parents sent its own letter to President McGarry, Dr. Wood, Dean Theodule, the School’s Director of Equity and Inclusion, members of the JHS administration, and the School’s Board of Trustees that discussed use of inappropriate language or behavior, messages via online and other demeaning items.
On April 23, 2021, A.P., then a high school junior, was gathered with a group of approximately 50 other JHS students for an athletic event. On May 4, 2021, almost two weeks later, he was confronted unexpectedly by Dean Theodule and accused, for the first time ever, of using the “N-word” and calling another student “fag” while at the event, the suit says.
A.P., because of his disability, was unable to respond and process the events as they happened at that time, the suit says. On May 5, 2021, A.P. was told not to attend classes until a formal hearing was held on the alleged disciplinary infraction. On May 12, 2021, a hearing with the Discipline Board was held via Zoom and A.P. was interrogated non-stop for an hour and 20 minutes by three school administrators, eventually being reduced to tears, the suit says.
The following day, May 13, 2021, Dr. Wood telephoned A.P.’s mother and told her that the Discipline Board had ruled against A.P., and that he would not be allowed to continue attending JHS.
A.P., by and through his father, Vincenzo P., seeks injunctive relief, general and special damages, damages for emotional distress, punitive damages and restitution. They are represented by Elizabeth A. Thompson.
U.S. District Court Eastern District of California case number 2:21-cv-01347-KJM-KJN