Volusia families demand justice from school district in groping, choking incidents

Miami attorney Rawsi Williams announced developments in the cases of two Volusia County students on Tuesday afternoon at a press conference outside of the Volusia County Schools administrative complex in DeLand.

Williams and attorney Frank Allen, of Orlando, represent the two students and their families in separate incidents, but both students are Black, which they say has played a role in the students' treatment by the school district.

"The time to stop the racism against us is now. Here we stand yet again in Volusia County dealing with the racism against children and against adults in this school system," Williams said, noting it will be necessary "until the day comes when we no longer have to stand and worry that equal protection won't be applied to our children."

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Williams led a crowd of a couple dozen family and community members in a chant calling for justice now. Many held signs demanding justice and due process.

911 call against 10-year-old Holly Hill student released

The most recent incident occurred in October, when a fourth grader at Holly Hill School was suspended for allegedly cupping a district mental health counselor's breast during a hug.

She called the Holly Hill Police Department and is pressing charges for simple battery, but the student and his family deny the allegations, saying the 10-year-old simply hugged the counselor and she hugged him back.

Williams told the media that they obtained the 911 call made by Holly Hill's principal telling the police the student "assaulted" the counselor, who is white.

"When police are called on our Black children and Black men, that kind of wording can result in a very strong response by police," she said. "We never know what the response will be when the police get there. Will they hear us? Will they arrest us? Will they taze us? Will they shoot us?"

A recording provided to the media confirmed that Principal Robert Voges made the call, during which he asked for "a unit to come out and complete a report regarding a student who assaulted a teacher," he said.

The News-Journal is not naming the student because of his age, or the counselor, who has opted into Marsy's Law to protect her identity.

The student was not expelled, but Williams announced at a previous press conference that her team is seeking to wipe the suspension from the boy's record and is pursuing complaints against the involved school employees. She also plans to file a federal lawsuit against the school district in the future.

Williams also stressed that the school district did not properly handle the boy's discipline and that he will be in the criminal justice system forever now.

Volusia County Schools does not comment on individual discipline matters and has previously stated that employees are private citizens, so it does not discourage or encourage them from pursuing criminal charges.

Federal suit filed in DeLand Middle School incident

The second student Williams and Allen represent is Jayquan Hightower, now a ninth grader. Jayquan was put in a chokehold by a white DeLand Middle School teacher, Matthew Cindric, back in February 2021 as a seventh grader, the student claims and a cell phone recording appears to show.

Jayquan says he was attacked by a white student and defended himself by fighting back, then the teacher appears to carry Jayquan across the courtyard. At the time, the teacher told district investigators Jayquan struck the other student in the head, so he grabbed him around the shoulders and under the chin to prevent further violence.

The district concluded at the time there wasn't enough evidence to take disciplinary action against the teacher. The family previously sued the school district for access to security footage of the incident and is now filing a federal lawsuit over violation of Jayquan's constitutional rights.

Jayquan Hightower:Family sues Volusia Schools for security video after teacher grabbed Black student in chokehold

Allen called the problem of racism and treatment of students "pervasive."

"It seems to be an epidemic in the state of Florida but particularly in this county," he said.

Sean King, president of the West Volusia NAACP, also noted the number of similar cases he has seen in the region.

"Things have to change in Volusia County, and it starts today," he said. "It should have started 10, 20 years ago."

Williams says they plan to file the federal lawsuit on Monday after giving the district ample time to resolve the issue without escalating it to a higher level. The district also does not comment on pending litigation.

Williams and Allen said they want not only accountability and protection but also for the children to know that they are supported and that not all of America is racially biased. They said children of all demographics and races, as well as students with disabilities, have been mistreated by local and state school districts.

Contact reporter Danielle Johnson at djohnson@gannett.com.

This article originally appeared on The Daytona Beach News-Journal: Black families demand justice from Volusia County Schools, file lawsuit