Family of a Black Utah fifth grader who died by suicide to sue for school’s response to bullying

Family of a Black Utah fifth grader who died by suicide to sue for school’s response to bullying

SALT LAKE CITY, Utah – The family of a Black fifth grader in Utah who died by suicide last year plans to file a $14 million lawsuit against her school, arguing that an inadequate response to reports of her being bullied over her race and disabilities led to her death.

Attorneys representing Brittany Tichenor-Cox on Wednesday said they would seek damages for the 2021 death of her daughter, Isabella “Izzy” Tichenor. In a notice of claim, they said the school had violated state and federal laws, including those that require schools ensure equal treatment, provide educational opportunity and protect students experiencing homelessness.

The notice of claim from Tichenor-Cox names Foxboro Elementary School in North Salt Lake City as a defendant, as well as its director and principal. It also names as defendants the Davis School District, school board and superintendent.

They have 60 days to respond before the family can file a lawsuit based on the claim.

Chris Williams, spokesperson for the Davis School District, declined to comment on the case until further review and legal counsel.

Previously: Utah school district investigates alleged racist bullying after 10-year-old girl’s suicide

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Suicide sparks massive outcry over racism in predominately white Utah

Tichenor’s death in November 2021 sparked massive outcry and a groundswell of anger over youth suicide, bullying and the treatment of children with autism. In Utah, a predominantly white state where incidents of racism in schools frequently make headlines, it prompted state legislators to pass a new law requiring districts to track reported bullying and racism in schools.

The Davis School District teaches roughly 73,000 students in Salt Lake City’s north suburbs. Only about 1% are Black. It was reprimanded last year by the U.S. Department of Justice for failing to address widespread racial discrimination and forced to, as part of a settlement agreement, change its policies, offer more training and establish a new department to handle complaints.

Timeline show repeated attempts to alert the school

The notice of claim recounts how Tichenor, who was autistic and the only Black student in her class, was bullied by students who said she smelled, made fun of her skin color, eyebrows and used racist slurs against her.

It provides a timeline of Tichenor’s parents repeatedly alerting the school of bullying in the months leading up to their daughter’s death and alleges administrators did not take action to stop it.

“As a result of this unchecked bullying and the school’s overall ‘deliberate indifference’ to minority students, Izzy failed nearly all her classes. At the time of her death, she could barely read or do math on a first-grade level,” it says.

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The district defended its actions last year after Tichenor’s death, arguing it had responded to Tichenor’s family appropriately and “worked extensively” with them over their complaints.

If you or someone you know may be struggling with suicidal thoughts, you can call or text the U.S. National Suicide Prevention Lifeline at 988 any time day or night, or chat online at 988lifeline.org.

Contributing: Brady McCombs, Associated Press.