The parents of Jocelyn Walters, a 14-year-old who died by suicide in September 2022, are suing Middletown Township School District in New Jersey for negligence and allegedly failing "to take action to protect and support Jocelyn” from bullying, per court documents obtained by PEOPLE.
Jocelyn, a Middletown High School North student, died by suicide on Sept. 9, 2022, after she endured bullying and harassment from her classmates.
The late student’s parents, Fred and Solangie "Soly" Walters, are suing Middletown Township School District, the school board, Jocelyn's teachers, a local mental health clinic's nurses and practitioners that “participated” in Jocelyn’s care, as well as 10 John and Jane Does "who harassed, intimidated, bullied and/or otherwise abused Jocelyn.”
"Our hearts go out to the Walters family. Out of respect for them, and because we generally do not comment on pending litigation, we intend to respond to their claims through the legal process and not in the press," district superintendent Jessica Alfone tells PEOPLE.
The Walters are suing the various defendants for negligence in preventing Jocelyn's death by suicide. The court documents list 13 counts, including negligent hiring, supervision and retention, and vicarious liability against the board, district, school faculty, and nurses. Additionally, all defendants are facing counts of wrongful death.
"Jocelyn’s death by suicide took place after an extended and persistent pattern of harassment, intimidation, bullying and abuse directed against her that took place during, and following, the 2021/2022 school year at the High School," the complaint states. "The High School, the Board/District and the Board Defendants were aware of this conduct and did nothing to protect Jocelyn from harm.”
The Walters' attorney, Jeffrey Youngman, tells PEOPLE, "If the school does not take bullying seriously, and it's a simple word, but if they look at it in every instance where there's bullying, it's child abuse."
He continues: "If they don't take it seriously, and there's not an adult in the room to actually deal with it and address it and protect the child number one, and meet out appropriate discipline to the children who are the assailants, the police -
, then children are going to continue to die."
"I want Jocelyn's name to live on and make a difference," he adds. "I hear... 'It's a rite of passage.' No, it's not. It's not conflict; it's child abuse."
Additionally, Jocelyn's parents allege that one defendant, identified only as J.M., would “harass, intimidate, bully and abuse Jocelyn” both in person and online.
In August 2022, one month before her death, Jocelyn was treated for her depression and hospitalized. After she was discharged, she was referred to a nurse at a mental health clinic who "negligently doubled Jocelyn’s antidepressant medication without knowing the dosage she was taking" and "failed to notify Jocelyn's parents," per the court documents.
Youngman notes for PEOPLE how Jocelyn’s case "combines issues of bullying and malpractice."
Then, on Sept. 8, 2022, one day before her death, Jocelyn visited the school nurse, "who failed to take appropriate action given Jocelyn’s history," and did not alert her parents, the complaint alleges.
She died by suicide the next day. "Immediately thereafter, J.M. texted the following regarding Jocelyn’s death: ‘she died stop making controversy about it,’" the complaint alleges.
On Oct. 26, 2022, Middletown High School North launched an investigation into the bullying Jocelyn "may have been a victim of,” per a letter from the school, reports Fox News. However, the District’s investigation “did not find any evidence" confirming Jocelyn was bullied.
"I'm fighting for my daughter, but through this, I just see so many failures," Fred told Fox News.
Following his daughter’s death, Fred created 99 Smiles, a nonprofit focused on destigmatizing youth mental health and expanding resources.
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If you or someone you know is considering suicide, please contact the 988 Suicide and Crisis Lifeline by dialing 988, text "STRENGTH" to the Crisis Text Line at 741741 or go to 988lifeline.org.
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