'Nothing sufficient was done': Manville schools sued over transgender student's suicide

The mother of a Manville High School student who died by suicide has sued the school district for allegedly not preventing the bullying of her child during the transition from being female to male.

Myles Fitzpatrick, 17, who was set to graduate in June, died by suicide in November after he was “subjected to continued severe harassment and bullying by his fellow students based upon his gender identity, including derogatory comments and having items thrown at him,” according to the lawsuit filed May 2 in Superior Court in Somerset County by his mother Danielle Warshefski.

“In our opinion, the current system let Myles down and we look forward to proving the allegations contained in the lawsuit to hopefully effectuate positive change in that regard,” said R. Daniel Bause, Warshefski’s attorney.

Manville Superintendent of Schools Jamil Maroun did not reply to a request for comment.

Myles Fitzpatrick
Myles Fitzpatrick

In December 2020, Fitzpatrick came out as transgender and began transitioning from female to male, the lawsuit says, taking on the first name Myles.

Because of the pandemic, classes at Manville High School were held virtually during the 2020-21 school year.

But when school began in a hybrid format in September 2021, Fitzpatrick became the target of harassment, intimidation and bullying, the lawsuit charges.

He was ridiculed about his appearance and clothing and was subjected to slurs, referring to him as “she” and remarks that “he would never be a male,” the lawsuit says.

He also was frequently physically bullied in the hallways, including being pushed into lockers, having items thrown at him, being kicked and having his hair pilled, the lawsuit charges.

That behavior continued when he used the boys bathroom or locker room when he had to change clothes for gym, the lawsuit says.

On several occasions, the lawsuit alleges, those actions were committed in the presence of teachers and other staff members who did not intervene.

He then began experiencing severe depression and anxiety and engaged in self-mutilation and self-harm and attempted suicide, the lawsuit says.

Some of the acts of self-mutilation were committed at school and, the lawsuit says, educators took no action even when he displayed bloody sleeves.

His mother complained to her son’s counselor, and he reported the bullying to a teacher, the lawsuit says. But “this harassing and bullying conduct continued to escalate and apparently nothing sufficient was done,” the lawsuit alleges.

In 2021, Fitzpatrick was given permission to use the restroom in the faculty lounge or nurse’s office to change clothes for gym because he was being bullied in the locker room, the lawsuit says.

But, the lawsuit charges, the school took away this accommodation “without explanation,” and he was forced to change in the locker room, which led to more bullying.

His mother continued to complain about the lack of action from the school, the lawsuit says, but her request for an accommodation through virtual or homeschooling was denied.

“This harassment and bullying continued without intervention or remediation until the point” he died by suicide, the lawsuit says.

More: 'A devastating public health crisis': What parents can do to help prevent teen suicide

The lawsuit charges that the school district did not follow the state Law Against Discrimination by allowing “a severe and pervasive discriminatory and harassing environment.”

The lawsuit also accuses the school district of negligence by not taking action to prevent the bullying.

His obituary says, "When Myles was younger, we didn't know he was going to be our son, so we called him our daughter and sister. He knew nothing but love from his family. He would brighten up any room and always knew how to make anyone smile."

His family asked for memorial donations to Edge, an LGBTQ+ organization in which he was involved.

A GoFundMe page for the family has raised nearly $16,000.

Suicide is "a major public health crisis in the LGBTQ community," said Amit Paley, CEO and executive director of the Trevor Project, the largest suicide prevention and crisis intervention organization for LGBTQ youth.

Paley, in an interview with USA Today, said there isn't reliable data on the number of LGBTQ people who die by suicide because there's no consistent way of recording sexual orientation and gender identity data upon death.

Paley says the Trevor Project's call volume alone indicates an acute problem. Each year it answers more than 68,000 calls, chats and texts. Paley says there have been clear spikes in the current political climate.

Adam Swanson, a senior prevention specialist at the Suicide Prevention Resource Center (SPRC), attempted to take his own life when he was 9. He was not out in elementary school, but he says people knew he was different and targeted him mercilessly.

"I was bullied every single day. I mean, every day. From the minute I got on the bus to the minute I got off the bus," Swanson told USA Today. "I would spend my lunches in the library hiding under a staircase reading books. ... It was way safer to be in solitude by myself than it was to be with the other kids."

The stress of prejudice and discrimination, as well as feelings of social isolation, are risk factors for suicide, according to the SPRC, and Paley says they are common among people who identify as LGBTQ. On the other hand, family acceptance, connections to friends and a sense of safety are considered factors that protect against suicide.

"You may feel like, 'I am the only gay person in my community,' or 'I'm the only trans person in my town,'" Paley said. "Those are feelings that can increase the risk of suicide. Our message is, 'You're not alone. There are many people who will celebrate who you are.’"

Email: mdeak@mycentraljersey.com

Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account.

This article originally appeared on MyCentralJersey.com: Manville NJ schools sued over transgender student suicide