School wins bullying lawsuit
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By Gordon Dritschilo Staff Writer - Published: August 15, 2009
A Superior Court jury said Friday that Fair Haven Grade School did what it was supposed to in the case of two students who said they were bullied.
Frank Venturella had sued the school, saying administrators failed to deal with the bullying his sons faced when they arrived at the school in 2003. He said the bullying drove his sons from the school, violating their rights under the Vermont Public Accommodations Act.
The jury deliberated for less than four hours Friday before finding for the school.
"Obviously, we're pleased," said John Zawistoski, the school's attorney. "The grade school in Fair Haven is a good school. The staff are dedicated to the children and do what's best for the children."
Frank Venturella said he respected the jury's decision.
"I'm just glad that I was able to hold Fair Haven's feet to the fire," he said. "It may not have risen to the level required legally, but there was still harassment and bullying."
Venturella said parents in a similar situation should document each incident with the school by certified mail.
The older of the two boys, 17-year-old Frank Venturella Jr., said before the verdict came back that he just wanted the affair to end.
"I feel bad for any newcomer who has to come to that town," he said after the verdict. "It still hangs over me, somewhat."
Frank Jr. was 11 and his brother, Vincent, was in third grade when the family moved to Fair Haven from Staten Island, N.Y. The lawsuit claimed the boys' New York accents and Vincent's speech impediment set them apart, and they quickly became targets for other children.
Complaints to school administrators brought no relief, according to the lawsuit. The family said Vincent suffered a broken tooth from a dodge ball to the face and that both boys were later diagnosed with post-traumatic stress disorder.
Judge William Cohen's instructions to the jury said that to find for the plaintiff, the jury had to find that the boys were harassed so badly that they were deprived of educational opportunity, and that simple teasing or name-calling were not unlawful harassment.
The jury also had to find that the family exhausted their remedies with the school or that the school did not properly maintain of follow a policy on the issue. This requirement could be waived if the boys' health or safety were threatened, if they were in danger of retaliation, or if exhausting their options with the school were futile.
Venturella said he pulled his sons out of Fair Haven and sent them to Christ the King. Now about to start his senior year at Rutland High School, Frank Jr. said he will participate in the jazz band next year at Stafford Technical Center.
gordon.dritschilo@rutlandherald.com
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