Former DPMHS student sues school district

ALEJANDRA AGUILERA

James Scott, who goes by the name Shear Avory, is the plaintiff in a recent lawsuit against LAUSD. Avory is seen here hugging fellow student Boa Pistol-Boesch in November 2013.
James Scott, who goes by the name Shear Avory, is the plaintiff in a recent lawsuit against LAUSD. Avory is seen here hugging fellow student Boa Pistol-Boesch in November 2013.

Two anonymous notes were shoved inside James Anthony Scott’s locker, one scrawled with “fagot” on an orange paper leaf. The other “GET OUT FAGOT! OR DIE!”

Scott, 15, sued the Los Angeles Unified School District for their lack of response to bullying Scott claims he experienced as a sophomore during the 2013 fall semester at Daniel Pearl Magnet High School. Scott is seeking an unspecified amount for compensatory damages.

Scott, who went by the name Shear Avory, enrolled in DPMHS in August 2013 as a non-conforming gay student, prepared to learn and make high school memories.

Instead, Scott claims being harassed and assaulted by a group of eight students who called him “tranny,” “hermaphrodite” and “faggot,” according to the lawsuit filed in Los Angeles Superior Court on June 6. A hearing on the lawsuit is scheduled for Oct. 7.

According to the lawsuit, Scott alleges to have been tripped, shoved and even spit on as acts of discrimination against his sexual orientation, which violates the anti-discrimination code California Education Code.

“I reported to the Principal numerous times and made many reports, but I felt like I was put down, ignored and at times even mocked by the LAUSD administrators and personnel,” the lawsuit states.

The bullying began by late October 2013 when Scott reported a group of students for bullying an autistic classmate to administrators. After that, harassments started being directed toward Scott and while Scott attempted to seek help from Principal Deb Smith, the student was simply advised to “run it off your back,” according to the lawsuit.

“The district’s policy is clear: We investigate any allegation of bullying and implement appropriate consequences and interventions accordingly. District policies require that schools follow positive progressive discipline practices,” according to an LAUSD statement sent to NBC4 News. “L.A. Unified is a national advocate for safe and affirming schools for Lesbian, Gay, Bisexual, Transgender and Queer/Questioning students. We will continue to work closely with the school, the student, and the family.”

On Dec. 9, 2013 after numerous grievance reports, a meeting with school and district personnel was called for to create a safety plan for Scott. It was in this meeting that Smith accused the student of lying due to nonexistent evidence that the bullying was committed by students, according to the lawsuit. Instead, the lawsuit claims, the bullies were excused of their harassment because Smith is alleged to have said, “they have a right to freedom of speech.” The bullies were summoned to attend a Be More Heroic meeting to take responsibility for their actions but only one out of the eight students participated, according Scott’s lawsuit.

Deb Smith and DPMHS staff, who are not named as defendants in the lawsuit, declined to comment. Calls made to Scott’s attorney Gloria Allred seeking comment on Sept. 5 and 11 were not returned.

Scott’s allegations and the lawsuit were a surprise to the school officials and students, as there are multiple presentations shown to the student body throughout the year to prevent bullying of any sort. Be More Heroic and G.L.I.D.E. (Gays and Lesbians Initiating a Dialogue for Equality) have spoken at DPMHS for the past two years in order to make the school an anti-bully zone and to inform students of tolerance and acceptance of individuals, which have been organized by Smith. The school has also accommodated transgender students with restrooms before that became a state law on Jan. 1.

“This school is really accepting,” said Lisa, a junior who was often with Scott and asked not to be identified by her real name. “If there really was bullying, the staff would have immediately put a stop to it.”

Scott is allegedly suffering emotional and mental distress, anguish, embarrassment and humiliation, according to the lawsuit. He transferred out of DPMHS before the spring semester began and is attending Opportunities for Learning School in Studio City. Allred and Scott are seeking general and compensatory damages, costs of the lawsuit including the attorneys’ fees and relief the court deems just and proper.

“Shear was very brave to stand up to other students who were bullying an autistic child, and we are very proud of him and his courage in doing that,” Allred said in a June 5 press release. “We expect that he will be welcomed as a hero for standing up against discrimination and we look forward to asserting and vindicating his rights in a court of law.”