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Student sues district over alleged battery: History teacher no longer with Sequoia High School
October 16, 2013, 05:00 AM Daily Journal staff report

A teacher is no longer employed with the district and his 16-year-old former student is suing the Sequoia Union High School District after the teacher allegedly allowed another student to punch him and break his nose, according to a lawsuit filed last Thursday.

Last fall, after being derided by the class and teacher for a number of months with derogatory comments about his Canadian heritage, the student claims he said, “If it’s OK for you to call me that, then how about I call you a ghetto Mexican?” to a student called Maria. He claims he had repeatedly requested for the comments against his national origin to stop when he became frustrated.

The Sequoia High School student, Daniel Milburn, and his guardian Valerie Milburn filed the suit in the San Mateo County Superior Court and claimed his former modern European history teacher Andrew Hutchinson said it was OK for Maria to “get warmed up for boxing practice” and proceeded to strike Daniel Milburn in the face. Daniel Milburn was sent home after the incident and it was not reported to the school, the suit claims.

“Not only did the teacher not report the incident after it occurred, but he disparagingly told his next class on Nov. 6, 2012, about a rich white kid from Emerald Hills who was punched in the face by a Latina girl such that it broke the student’s nose with blood everywhere,” according to the suit.

Daniel Milburn was informed, believes and alleges that Hutchinson’s comments to his next class went viral on Facebook, according to the lawsuit.

The suit goes on to state that the school’s principal Bonnie Hansen suspended the plaintiff from the school and therefore forced Daniel Milburn to transfer from the school with a permanent record noting a disciplinary racial incident.

Daniel Milburn is also alleging negligence on the part of the district, principal and teacher for failing to exercise ordinary care in supervising the conduct of students and enforcing rules and regulations during class hours to prevent the alleged attack.

Because this is existing litigation the district cannot comment on the case, said Superintendent Jim Lianides. The teacher is no longer working for the district, he added.

The Milburn family is seeking $300,000 in general damages, $25,000 for a civil penalty, $4,000 for statutory damages and $197 for medical expenses. The Milburns’ attorney, Michael Fizsimmons, could not be reached for comment.

 

 

Tags: milburn, teacher, daniel, school, student, district,


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