The family of a former Kirkland elementary student is suing the Lake Washington School District, claiming it gave their their son the cold shoulder after he was allegedly subjected to repeated bullying, including one incident in which classmate created a false Instagram account in his name with pornographic images. The lawsuit, filed in September 2014, seeks reparations in “an amount to be proven at trial,” along with the cost of attorney fees.

The lawsuit, which also names two school district officials and the family of a former female student as defendants, alleges that the district failed to follow proper procedure after the boy was subjected to physical bullying and cyber-bullying between 2013-2014 while attending Mark Twain Elementary. According to the lawsuit, the first incident occurred in the spring of 2013 when roughly half a dozen students punched and kicked him on the playground after falsely accusing him of pushing a female student to the ground, who he was actually trying to help up.

When the boy’s father spoke with school officials about the incident, he was allegedly told that the school would investigate the matter and punish the students responsible. However, the lawsuit claims that neither the boy nor the parents heard anything further.

The second incident occurred in May 2014 when a female student at Mark Twain Elementary allegedly created a fake Instagram account in his name and posted pornographic images on it. As a result, the lawsuit alleges, the boy was subjected to ridicule and teasing at school, with at least one student’s parents telling them to stay away from him. The boy finally complained about it to his mother, who brought it to the attention of school officials. In response, however, the lawsuit alleges that after discovering the account, the school officials called the police, who arrived at the school and questioned the boy about the account. The police incident report noted that the host of the Instagram account was unknown, but “has tons of porn.”

The boy’s mother was later contacted and told her son was being interviewed by police, the lawsuit continues. She arrived at the school, where the school official accused her son of creating the account and that he must have forgotten about it. The school official allegedly said they believed it to be his because it had his name, photos of him and his friends, and “a lot of kids think it’s his,” according to a June 2014 letter sent to Superintendent Traci Pierce.

“Did it ever occur to [the school official] that if [the plaintiff] had created the nasty Instagram, he would be the last to complain about being teased, much less cry to his mom about it, and would instead have simply taken the site down?” the letter continues.

The mother allegedly later told her son, as instructed by school officials and police, that he wouldn’t get in “big trouble” if he addmitted to creating the account, but if he didn’t his father might “because he’s an adult and he set up your Instagram.” At one point, the lawsuit alleges, the boy was willing to admit to it because “I don’t want my dad to go to jail.”

The boy’s family were able to convince school officials they had not created the account after they provided the school with their cell phones, computer and iPad. The next day, the school official informed them that they had discovered a female student had used her parents’ computer to create the account, along with a photo from the boy’s actual Instagram account. She then allegedly downloaded the porn to the account and told other kids it was the boy’s.

“This was, no two ways about it, a premeditated and vicious strain of cyber-bullying,” the June 2014 letter states. “The fact that it was perpetrated by an 11-year-old girl does not change that.”

While the female student was eventually suspended for a week, according to the lawsuit, the school officials took no steps to clear up the matter with the other students, and they allegedly told the boy’s family not to tell anyone what had happened or who had created the fake account, saying “suspension is enough punishment for her.”

As a result, the lawsuit alleges, the boy was subjected to continual harassment, while the suspended student texted other classmates from home accusing him of being responsible for her suspension. He also allegedly never received an apology from the school official who accused him of lying about the fake account.

The girl allegedly later told the boy that she had done it because he had pushed her on the bus the first week of school, but the boy’s attorney wrote this was not possible, as he was driven to school by his parents for the first six weeks.

The lawsuit accuses the girl’s parents of being “grossly negligent” for allowing their daughter to use their computer and email to create the fake Instagram account and then continued access to her cell phone after she was suspended to “disseminate lies about the plaintiff that subjected him to further harassment and humiliation” to the point where the family finally moved out of the school district. The lawsuit also accuses the school officials of failing to record either incident via a district incident reporting form and provide copies to the boy’s parents as per the district’s Harassment Intimidation and Bullying Policy (HIB). It also alleges that the district failed to provide the family in writing an explanation of the process to file for an appeal of the investigation’s findings, with one school official insisting the parents not retain a lawyer because “we have already consulted with the school district’s attorney.”

The officials also allegedly failed to take “reasonable measures to ensure that no further incidents of intimidation or bullying occur,” nor did they provide the boy or his family any counseling or support services.

“Consequently, many students and their parents still believe that [the plaintiff] is some kind of ‘pervert,’ a false and damaging reputation that is sure to follow him wherever he goes, including his next schools,” the lawsuit reads.

Specifically, the lawsuit accuses the school officials of a breach of statutory duty under RCW.28A.300.285 by “failing to implement a safety plan to insure that the bullying would stop, and failing to provide [the plaintiff] with counseling and other support services to remedy the short and long term adverse effects of bullying, causing him and his parents severe emotional distress.”

When asked for comment on the allegations, LWSD Spokesperson Kathryn Reith said the district is declining to comment due to advice of legal counsel as well as out of a need to respect the privacy rights of the students involved.

“The Lake Washington School District is committed to providing all students with a positive and safe environment in which to learn and to grow as individuals,” she wrote in an email statement. “To provide such an environment, the district has put in place policies and programs that work to prevent harassment, intimidation and bullying. The District emphasizes safety and support for all students through programs such as Kelso’s Choice, Steps to Respect, the Safe School Ambassadors, and other anti-bullying programs. Other initiatives offered by the district promote kindness and mutual respect in our schools. In addition, the district has in place staff and student policies that promote effective handling of student concerns, including situations that occur outside of school but cause disruption at school.”