The parents of two Vashon students are suing the Vashon Island School District, superintendent and multiple administrators on behalf of their children, alleging administrators failed to address and stop daily harassment and discrimination.

The lawsuit, filed in U.S. District Court last Tuesday, names McMurray Middle School, Vashon High School (VHS) and Vashon Island School District (VISD) Superintendent Michael Soltman as defendants, along with the principals of each school, Soltman’s assistant Donna Donnelly and the district’s Title IX Coordinator Paula Cummings. The suit states that between Sept. 8, 2015, and the present day, the two students — one of whom attends McMurray and the other who attends VHS — were subjected to harassment so severe and constant that it “created a hostile learning environment.” According to court documents obtained by The Beachcomber, both students also have disabilities that include anxiety disorders.

The 23-page complaint that includes descriptions of multiple, specific alleged instances of harassment and discrimination states the district has violated Title IX and the Americans with Disabilities Act by not addressing the incidents.Ultimately, the documents allege that the harassment exacerbated the students’ disorders and made school a negative environment, making it “difficult (for the students) to benefit from instruction and feel safe attending school.” The students and their parents are not named in an effort to protect the identities of the minors.

“This (case) is really about the adults and what they did not do,” Jeannette Cohen, attorney for the Vashon students’ parents said Monday. “Kids are kids, but it’s the adults’ responsibility to be in control, and that didn’t happen.”

Soltman responded to the lawsuit on Friday with a statement emailed to all parents of students in the district’s schools. In the statement, he said that the district has opened an independent investigation into the reported incidents, the district’s responsiveness to the incidents and an “assessment of the efficacy of our policy implementation.” The investigation is being done by Shawn Flood, a Tacoma attorney who specializes in complaints against public and private entities, and is ongoing. Soltman said he is expecting the investigation to be completed in a few weeks.

“We’re disappointed about this suit because we wanted all parties to be able to see the results of the independent investigation,” he said. “We wanted that investigation completed prior to any lawsuits. I anticipate receiving the results of this investigation within two weeks, and we will review the report to determine if there are any opportunities to improve our practices and procedures. In our schools there is no tolerance for harassment, intimidation, bullying or sexual harassment. Period.”

The investigation began in early March after Soltman received a Title IX complaint from Cohen on behalf of the middle school student — Title IX is legislation that guarantees equal access to education without discrimination based on sex. The Title IX complaint was submitted on March 2 and outlined the harassment the student claimed to be sustaining.

Court documents show that the McMurray student reportedly experienced “daily sexual harassment from … predominantly male students” that led her to leave school. The harassment against her was reportedly “extreme and sustained,” happened in all areas of the school, including classrooms, and consisted of derogatory jokes and profanity.

“This harassment took the form of the male students making inappropriate sexual and profane requests,” the court complaint indicates.

Court documents report that at McMurray, the student was harassed by a male student who brought a knife to school.

“On March 14, 2016, one male student showed (one of the plaintiffs) and other students knives that he had in his possession,” the complaint states. “This behavior was significantly upsetting to (the student) due to the previous threats these male students had made to her.”

The students denied the harassment when they were pulled aside by McMurray principal Greg Allison, court documents state.

“The male students … were allowed to continue with no consequences,” the complaint reports.

Soltman countered the fact that there were no consequences and said the student was disciplined following the incident.

“The police were called, discipline was applied and the student is no longer in school,” Soltman said Monday.

Meanwhile, court documents reveal the high school student, who has come out as gay, was allegedly subjected to harassment from peers, teachers and administrators based solely on her sexual orientation. Multiple staff members discriminated against her and witnessed the systematic harassment that consisted of derogatory name-calling and reportedly being spit at in the halls, court documents show. She was allegedly told by VHS Principal Danny Rock that she couldn’t hold hands or sit close to her girlfriend.

“Rock would physically move (her) over so she was sitting with a space between her and her friend,” the court complaint indicates. “No other student was singled out this way or asked to ‘move over’ so there was space between them.”

This student and her parents filed a Title IX Complaint on March 10.

“I filed a Title IX Complaint, and people finally started investigating, but didn’t stop (the incidents),” attorney Cohen said. “The parents’ initial hope was that (the complaint) would make it stop. It didn’t. This is not about the money, not at all. They (the plaintiffs) just want it to stop. “

With the two Title IX complaints filed, Soltman said he was concerned and thought it “would be prudent” to have an outsider look at the incidents. That’s when Flood was hired to begin the investigation.

“I truly believe that once the allegations have gone through the legal process, it will be made more clear that we (the district and all of its employees) always acted with the best intentions of our students in mind,” Soltman said Monday. “There was no discrimination or neglect ever. I expect we’ll learn from the investigation and find policies and procedures to strengthen, but we’ve always been committed to doing that.”

He continued to say that the district denies allegations that administrators or staff members discriminated against the high school student.

“The original complaint claimed harassment by a few students towards her, not harassment by any district employees,” Soltman said. “Such references of harassment by staff in the lawsuit are misleading. I expect all of my administrators to enforce school rules equally regarding public displays of affection regardless of the sexual orientation of the involved students. We are clear as to what is and what is not appropriate and the rules apply equally to all students. Mr. Rock at no time touched or moved this student. I have confidence that my building administrators exercise good judgment in enforcing this policy.”

The district’s attorney, Mark O’Donnell, said in the Friday statement that he was surprised the suit was filed because of the open investigation, but will “vigorously defend the district and its employees from these allegations.”

The plaintiffs are seeking monetary compensation for damages for “extreme mental suffering and emotional distress,” compensatory damages, punitive damages and attorney’s fees. The legal process will now move on to investigation and gathering evidence.