Family of 12-year-old Rio Allred sues Elkhart school district for wrongful death
ELKHART COUNTY, Ind. -- The family of Rio Allred has filed a lawsuit against Elkhart Community Schools for wrongful death, violating Title IX and violating the equal protection clause of the 14th Amendment to the Constitution.
The family alleging students harassed Rio because of her hair loss and sexual orientation. It alleges the district knew about the harassment and failed to follow its own policies regarding harassment, which eventually led to Rio taking her own life.
Rio began 7th grade at North Side Middle School in August 2021, just months after she was diagnosed with alopecia areata. The lawsuit says within two weeks of school starting, the harassment began.
She was called Mr. Clean, Caillou, "naked mole rat" and "bug-eyed alien," the family alleges.
In addition to name calling, Rio was subjected to students pulling the wig off her head, the suit says.
Rio also endured an incident where a student smacked her, kicked her out of her chair and choked her, the suit says.
Despite reporting the incidents, the family alleges they are not aware of an instance where a student was disciplined for harassing Rio.
On March 2, 2022, Rio, her mother, sister, father and stepmother met with the school counselor and a social worker. Rio told them the names of several of the students who were the worst offenders.
The family recounted the verbal and physical abuse Rio endured, reports said.
The family did not hear from the school after the meeting, the suit said.
Rio died by suicide on March 14.
The lawsuit alleges the school district failed to follow its own policies by not involving the Title IX Coordinator, or following its own policies on sexual harassment.
Title IX guarantees students equal access to an education, but a hostile learning environment can deny a student that right, the suit says.
Rio's family is suing for violating Title IX, violating the equal protection clause of the Fourteenth Amendment of the Constitution and wrongful death.