KANSAS CITY, Kan. (CN) - A public school district failed for years to protect a student from bullying and sexual assaults from students who thought he was gay, the student claims in Federal Court.
Daniel Clark sued Blue Valley Unified School District No. 229, of Overland Park, and seven administrators. He claims he was bullied at Overland Trail school from 2003 to 2006 and at Blue Valley High School from 2006 to 2010.
"Fellow students repeatedly called Daniel derogatory names based on his perceived sexual orientation, such as 'faggot,' 'fag,' 'gay,' 'Sparta Boy,' among other terms," the complaint states.
"Fellow male students regularly slapped Daniel on the buttocks;
"Fellow male students sexually assaulted Daniel;
"Fellow male students repeatedly assaulted Daniel in the school locker room and shower, such as rubbing against him, nude, in the shower in a sexually aggressive manner, pulling down his pants, exposing his genitals to other students, snapping him on the buttocks with towels, and spraying a full shampoo bottle of urine on him while in the locker room shower.
"Fellow male students repeatedly made sexually offensive comments to
Daniel, including but not limited to graphic descriptions of their masturbation
activities and telling Daniel that they needed to 'jizz,' asking Daniel if he wanted his chemistry teacher's 'hot Indian cock in your ass,' descriptions of how male students could rape Daniel such as, 'he probably wouldn't let me take it out,' referring to a male student's penis, asking Daniel about sex acts he would perform on the weekend, such as defecating on his glasses and 'rubbing it around,' tricking Daniel into viewing pornography against his will, among other graphic verbal assaults and actions.
"Fellow male students repeatedly beat Daniel, including kicking him, punching him in the face, hitting, kicking him out of his chair in class, placing his hand on a
hot burner in cooking class, throwing balls at his face during gym class, to the point of permanent physical injury that has caused chronic medical problems for Daniel, including but not limited to a deviated septum that causes chronic sinus infections and difficulty breathing.
"Students started sexually charged and false rumors about Daniel at school, including but not limited to that he had herpes, that he was trying to look at naked boys in the shower and that he touched other students in inappropriate sexual ways.
"One male student told Daniel that 'if I ever kill, you'd be the first one I'd kill.'"
Clark says he reported the bullying to school administrators for years, "but his reports were met with indifference, inaction or, where some action was taken, the action was wholly inadequate and ineffective."
Clark claims he constantly feared for his physical safety, did not want to go to school for fear of harassment, his grades suffered and he continues to suffer physical and emotional damages.
He seeks punitive damages for Title IX violations, negligence and gender discrimination. He is represented by Lisa Brunner, of Kansas City, Mo.
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