Special Needs Student Sues School, Claiming Teachers Bullied Him

By Louise Hall
Sydney Morning Herald
September 29, 2014

http://www.smh.com.au/nsw/special-needs-student-sues-school-claiming-teachers-bullied-him-20140928-10ld7x.html

A Sydney student has sued his high school, claiming he was bullied by teachers and forced to do tasks not modified for his learning difficulties and special needs.

Jordan Niko took De La Salle College Revesby Heights, a Catholic boys' school in Sydney's south-west, to the NSW Supreme Court, seeking damages for negligence, assault, trespass and breach of contract.

Mr Niko, now 18, claimed the bullying by the principal and teachers continued despite his mother, Julie Southern Niko, warning the school the "lack of respect and care" for her son would aggravate his learning difficulties and special needs.

The school denied all allegations and the parties agreed on a confidential settlement earlier this month.

In a statement of claim, Mr Niko said teachers gave him detention and bin duty, denied him access to the toilet, falsely accused him of violence, criticised, mocked and belittled him, including for his haircut, excluded him from classes and exams, forced him to complete group assignments alone, confiscated his property, and "exaggerated instructions to him.

He alleged the school was told prior to enrolment in year 7 in 2008 that he was behind in reading, handwriting, spelling, computer skills and maths for his age.

During the next four years, however, the school failed to provide adequately modified or reduced tasks, exams or homework to account for his learning difficulties, he claimed. Instead the school relied on "outdated disciplinary imposts and the petty application of school rules". A request for a one-on-one tutor in 2009 was also denied.

By year 8, Mr Niko alleged he was also being bullied by other students, citing incidents such as money being taken and a urine-soaked object thrown at him.

In a bid for compensation, Mr Niko claimed he had significant psychological issues, including an inability to attend tertiary education, loss of self-esteem and a stress disorder.

In a defence filed with the court, the executive director of schools for the Catholic Archdiocese of Sydney, Dan White, denied teachers and students at De La Salle bullied Mr Niko.

Dr White said Mr Niko was not threatened or ridiculed, nor was he unreasonably criticised or penalised and was not given inappropriately modified school work and homework.

Further, the school denied it failed to provide appropriate care, education and discipline for his special needs, and rejected claims his alleged injuries and disabilities were caused by the conduct of teachers and students.

Mr Niko and Dr White declined to comment due to the confidentiality provisions in the settlement.