FILED

11 MAY 26 AM 9:00

KING COUNTY
SUPERIOR COURT CLERK
1 E-FILED
CASE NUMBER: 11-2-18742-0 SEA
2

6
KING COUNTY SUPERIOR COURT OF WASHINGTON
7 Olivia No.
Plaintiff,
8
vs. COMPLAINT FOR DAMAGES FOR
9 BULLYING, HARASSMENT, AND
Seattle Girls’ School, a Washington VIOLATION OF WASHINGTON LAW
10 corporation,
Defendant.
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I. NATURE OF THE CASE
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1. This is an action seeking remedy for bullying, harassment, negligence,
13

14 outrage, and violation of Washington law.

15 2. Plaintiff Olivia a minor, by and through her attorney Yvonne

16 Kinoshita Ward, alleges the following against the Defendant:

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II. PARTIES, JURISDICTION & VENUE
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3. The injuries and damages that are the subject of this lawsuit occurred in
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King County, Washington.
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4. At all times material hereto, Olivia has been a resident of King County,
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Washington.
22

23 5. At all material times hereto, Olivia was a student in Seattle Girls’

24 School, King County, Washington.

25 6. At all times material hereto, Defendant Seattle Girls’ School (“SGS”)

26
operated in King County, Washington.
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COMPLAINT FOR DAMAGES - 1

 III. ALLEGATIONS
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A. LEGAL STATUS
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7. Defendant Seattle Girls’ School is a private school organized and operating
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4 under the laws of the State of Washington.

5 8. Seattle Girls’ School is responsible and liable for all wrongful conduct,

6 acts, errors, and omissions of its board members, superintendents, administrators,

7
principals, coaches, teachers, counselors, and other agents complained of herein, with
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respect to or as a result of the enrollment and attendance of Olivia
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9. At all material times hereto, there existed a special relationship between
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Defendant Seattle Girls’ School, its administrators, officials, principals, employees,
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12
counselors, and agents, and Olivia Defendant owed Olivia affirmative duties,

13 including taking sufficient remedial action to protect her from harm and to take

14 reasonable steps to provide a safe educational environment.

15 B. OLIVIA SUFFERED INCESSANT HARASSMENT, BULLYING, AND
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ASSAULTS.

17 10. Prior to attending Seattle Girls’ School, Olivia attended

18 Elementary School, where she thrived and was an active and engaged student.

19 11. Before entering middle school, Olivia was high achiever. She was accepted
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to the top schools in the area, including Seattle Academy of Arts & Sciences, Overlake
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School, and the Bush School.
22

23 12. SGS promotes itself as a positive learning environment. It claimed to be a

24 “5th through 8th grade middle school committed to empowering young women to be
25
leaders in their communities through a challenging academic program focused on
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COMPLAINT FOR DAMAGES - 2

 collaboration, integration, and real-world problem solving.” SGS specifically promised
1
Olivia a safe learning environment and a positive educational atmosphere. The parents
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3 believed Defendant and enrolled Olivia at SGS.

4 13. Olivia was initially excited to attend SGS. She attained excellent grades

5 and was planning her educational course to compete for the top colleges in the country.
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She also is creative, expressing herself through dance and other activities. Dance,
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however, was her passion.
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14. Olivia became the target of bullying and harassment at SGS.
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Unbeknownst to the family but known to SGS, every year at SGS each class would pick a
10

11
girl to bully. Olivia was chosen.

12 15. The assaults began at a dance when a student slapped Olivia hard across

13 the face. School administrators did not intervene and the harassment worsened. On a
14 regular basis when Olivia was at her lower locker, the student with the locker above her
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would grab Olivia’s head and smash her down; Olivia would not be able to breathe.
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Olivia told her teachers. They told her to “just handle it.”
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16. Olivia was the target of frequent cyber bullying. Nearly every day Olivia
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was faced with verbal bullying, called “fat pig” (Olivia is slim), “dingy B****”, “ugly.”
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20 She was subjected to things being thrown at her head and face. Each day was like a war

21 zone for Olivia.

22 17. Olivia reported these problems to SGS teachers and Olivia’s parents
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reported them to school administrators. This is when SGS advised the family that each
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year a girl is selected to be bullied, and unfortunately Olivia was the choice. SGS then
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promised to protect Olivia. The parents believed the school.
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COMPLAINT FOR DAMAGES - 3

 18. Yet SGS failed to take appropriate steps to protect Olivia. The school was
1
made aware that Olivia had been “chosen” to be the target of bullying for the year but
2

3 did not intervene. Due to lack of intervention, the bullying against Olivia escalated each

4 day. In 2009 one of the bullies grabbed Olivia and kicked her hard in the back. The

5 pain was excruciating – searing and hot, as if on fire. The bully put her face to Olivia’s
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and said, “That hurt, didn’t it”. The bully then laughed and walked away.
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19. Olivia’s parents pulled her from the school and reported the assault to the
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school. SGS did not bother to check on how Olivia was doing or discipline the assailant.
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Instead, it sent a letter reminding the parents they owed tuition even though Olivia left
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SGS because it was unsafe.

12 20. SGS had a duty to protect Olivia and failed to do so. Olivia was targeted

13 and suffered greatly. As a result of the bullying and attacks, Olivia has been diagnosed
14 with anorexia, depression, anxiety, and back problems. She is no longer able to dance,
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and playing the piano is difficult for her because she cannot sit long in the proper
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position. She continues to suffer emotionally.
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C. SGS BREACHED ITS DUTY TO OLIVIA
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21. Defendant SGS failed to prevent or remedy bullying, assaults, and
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20 harassment when it happened.

21 22. Defendant had actual knowledge of bullying, assaults, and harassment,

22 and was deliberately indifferent to such conduct. Defendant’s failure to act was clearly
23 unreasonable given the circumstances.
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25

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COMPLAINT FOR DAMAGES - 4

 23. Defendant’s deliberate indifference to bullying, assaults, and harassment
1
created an unsafe environment and unreasonably interfered with Olivia ability to
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3 obtain an education.

4 24. The harassment was sufficiently severe and pervasive to affect Olivia

5 education.
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25. Defendant Seattle Girls’ School ratified the acts of its agents and
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employees in their conduct towards Olivia
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26. Due to the conduct of the Defendant, Olivia suffered severe, pervasive,
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objectively offensive bullying, assaults, and harassment, which was physically
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11
threatening and interfered with her education.

12 27. All of the acts alleged herein occurred while Olivia was in the care,

13 custody, and/or control of Defendant SGS.

14 CLAIMS
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28. NEGLIGENT POLICY ADMINISTRATION. Defendant negligently
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administered any existing harassment policy by failing to prevent and remedy peer
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bullying, assaults, and harassment. Defendant failed to investigate the harassment
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claim by Olivia
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20 29. NEGLIGENT HIRING, SUPERVISION AND TRAINING OF

21 EMPLOYEES. Seattle Girls’ School negligently hired, trained, supervised, and retained

22 its employees. As a result of this negligence, Olivia suffered damages set forth
23 below.
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25

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COMPLAINT FOR DAMAGES - 5

 30. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS. Defendant
1
negligently inflicted emotional distress upon Olivia which was reasonably
2

3 foreseeable.

4 31. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS/ OUTRAGE.

5 Defendant committed the tort of outrage, by intentionally and/or recklessly causing

6
severe emotional distress by conduct that was outrageous and extreme.
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32. NEGLIGENCE. SGS breached its duty to Olivia to prevent reasonably
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foreseeable harm, causing the damages set forth above.
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PRAYER FOR RELIEF
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33. Olivia request that this Court award her equitable and legal relief,
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12 including the following:

13 34. Damages for emotional distress, anxiety, mental anguish, humiliation,

14 embarrassment, damage to reputation, loss of education, loss of earning capacity, and

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past and future health care treatment;
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35. Issue an order awarding Olivia the costs of this action, including
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reasonable attorney's fees; and
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36. Such other relief deemed appropriate by this Court.
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20 RESPECTFULLY SUBMITTED on May 27, 2011.

21 YVONNE KINOSHITA WARD LLC

22 /s/ Yvonne Kinoshita Ward

Yvonne Kinoshita Ward, WSBA 20276
23 Attorney for Olivia
24
128 – 14th St. SE, Auburn, WA 98002
253-887-8686;
25 yvonneward2008@comcast.net

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COMPLAINT FOR DAMAGES - 6