Parents’ lawsuit asserts racial bias, discrimination against district

An investigation by the Vermont Human Rights Commission found “reasonable grounds” to believe that Orchard Elementary School and South Burlington School District illegally discriminated against a biracial kindergarten student in the 2018-2019 school year in violation of Vermont’s Fair Housing and Public Accommodations Act.

Gregory and Lindsey Larmond, the parents of the student in the commission’s 2022 investigatory report — filed a civil complaint based on the claims outlined in that report three months after it was unanimously accepted by all five commission members.

The lawsuit, which the Human Rights Commission is an interested party in, is currently in mediation. A pre-trial hearing has been scheduled for April with a jury draw date set for May.

“When viewing the totality of the circumstances, this investigation concludes that the Respondent’s failure to proactively address the concerns of the (parents) are a reflection of racial bias and discrimination on the basis of race and color,” reads the detailed 40-page report. “This bias and disparate treatment had very real consequences for the student, whose mental well-being declined significantly over the course of the school year. The Complainants have met their burden of persuasion that the school’s failure to initiate an investigation, take actions that would protect her, and address the concerns of her parents was discriminatory.”

In the report, Orchard School and South Burlington School District denied that the kindergartener didn’t receive equal access to the educational opportunities or benefits provided by the school and that she experienced unlawful harassment. School officials asserted that they acted reasonably to protect her from problematic conduct on the part of other students and deny she was treated differently based on race and color.

The complaint details a pattern of bullying and harassment from schoolmates that ranged from death threats to physical violence, exclusion based on her skin color, and inappropriate and racially stereotypical comments about her hair, body and name throughout the 2018-2019 school year.

It also alleges that school administrators blamed the student for the behavior she was exposed to, while excusing the harmful behavior of the white students.

“The fact that the administration never felt compelled to initiate an investigation of potential harassment and instead put the focus on the kindergarten student’s ‘choices and behaviors’ when making a coverage plan to prevent further violence against her is also indicative of racial bias,” reads the report.

The investigation points to multiple instances where behaviors on the part of the student are addressed by staff at Orchard School as concerning, but more serious behaviors committed by white students like repeated violence, racial exclusion and death threats were overlooked, excused or given cursory attention, the report reads.

Specifically, the school district never notified the student’s parents of a second death threat from a student in March 2019, instead sending her home with a disciplinary referral indicating that she had misbehaved, which the Larmond’s felt was inaccurate and intentionally omitted the information about the threat and other harassment by the student.

‘Dropped the ball’

Orchard School principal Mark Trifilio later admitted that the school had “dropped the ball” by failing to notify the family of the threat and told investigators that he did not feel that the perpetrating student had actual access to a weapon and saw no reason to involve police.

The report also outlines another incident a month later, in April, when her daughter told Mrs. Larmond that a group of girls in her class wouldn’t let her play dolls with them because of her skin color. The parents waited to see if the classroom teacher was going to contact them about the incident, and after waiting a few days emailed her to initiate a discussion. Another incident cites an older student making comments surrounding the kindergartener’s hair, body and name.

Although the investigation found that the teacher responded quickly and appropriately to both incidents, there were several other instances of conduct and statements by Orchard School staff that suggest that “racial bias and discrimination” played a role, citing specifically the “adultification” against her.

“This is a documented form of racial bias, experienced by Black girls, where they are perceived as less innocent and more adult-like than white girls of the same age,” the report reads.

On March 26, in the context of a discussion about the threats and assaults the student experienced at school, Trifilio described her as “aggressive” and asked her parents whether she was “bossy.” Similarly, the classroom teacher used terms like “socially aggressive” and “savvy” to describe her in a meeting with her mother on March 21.

“Adultification also occurred at the end of the school year, when Ms. Beeli and Ms. Hill (the guidance counselor and behavioral facilitator) offered to take part in a ‘coverage plan’ for the student but would only monitor her conduct and not the ‘choices and behavior’ of the white students who had been threatening and assaulting her,” reads the investigation.

Trifilio also made “troubling” remarks toward the parents that reflected “racial insensitivity and ignorance.”

At a meeting on June 6, he asked the student’s father what he “should call” him – Black or African American —– in a way that he felt was insensitive. Trifilio also complained to the parents that he could not understand why a parent of color would be upset about a fourth grader reading about the KKK.

“Racial bias also permeated the principal’s description of how he was trying to cultivate relationships with a ‘group of black boys’ who were ‘always getting into trouble,’ telling the (parents) that the first graders would be discussing slavery in class and touting an annual ‘multicultural potluck’ as a way to bring positive minority perspectives into the student curriculum,” the report reads.

This investigation also found that the parents exhausted administrative remedies by reporting the race-related comments and brought them to the attention of the principal. The parents met with the principal more than once and subsequently met with the former district superintendent David Young, but after finding no action was taken about their concerns, they filed a complaint to the Human Rights Commission.

Policies in place

During the 2018-2019 school year, the South Burlington School District had policies in place to prevent harassment, hazing and bullying consistent with Vermont Agency of Education policy.

Young asserted to the human rights commission that while the events experienced by the student should have triggered district procedures to start an investigation within five days of a report of harassment, he asserted that even if that had occurred it would not have changed the outcome.

The report alleges that Orchard School failed to give the parents a copy of the applicable policies and procedures, failed to consider or investigate potential harassment, and staff failed to effectively separate the student from the two classmates who harmed and threatened her, after a specific request from the parents on March 21.

“Orchard School ultimately failed to adequately protect her from bullying, threats, and aggressive behavior at the hands of her classmates, and instead repeatedly suggested that she had responsibility for those occurrences,” the report reads.

The parents describe that over the course of the year, their daughter went from an even-keeled, confident, happy and confident child eager to learn, to an anxious child who cried herself to sleep, communicated feelings of despair and complained of stomach aches on a daily basis.

According to the complaint filed in court, having lost all faith in the South Burlington School District, the Larmonds enrolled their daughter in a private school where she is “thriving” and has not experienced the racial disparity she endured at Orchard School.

Trifilio, who was set to retire from the district at the end of this school year, has been on an unspecified leave of absence since Feb. 21. It has also been confirmed that Trifilio did not submit a notice of leave to the district.

It is unclear from district officials whether these two incidents are related, but Julia Maguire, communication coordinator for the district, said the district does not comment on ongoing litigation.