A Whatcom County family is suing the Bellingham School District, alleging it failed to protect their daughter from repeated sexual harassment and failed to follow federal and state laws when the incidents were reported, according to a complaint filed Monday in U.S. District Court in Seattle.
The lawsuit was filed on behalf of a high school student who was 15 years old and attending Options High School during the 2022-2023 school year.
The complaint alleges that another student began harassing and assaulting the 15-year-old early in the school year, and that school officials did little to intervene.
According to the filing, the student sent disturbing sexual messages to the 15-year-old, including comments about violent sexual fantasies and cutting into dead bodies.
When she asked him to stop contacting her, he allegedly cornered her during class the same day, pulling her hoodie over her head and physically restraining her at her desk. The complaint says he straddled a chair behind her and came so close that she could feel his breath on her skin and hair.
The family reported the incident to Assistant Principal Kevin Terpstra on Oct. 4, 2022.
The district, at that point, had what the lawsuit calls “actual knowledge” of the harassment. However, instead of initiating a formal investigation, the school required both students to sign a no-contact agreement, which also barred the girl from discussing the incident with peers — a restriction the lawsuit claims denied her emotional support.
Under Washington law, school officials are required to notify a designated coordinator when harassment may include discrimination or sexual harassment, and then inform the student of her rights to file a Title IX complaint.
The lawsuit alleges none of that happened.
Within days of signing the no-contact order, the student allegedly violated it multiple times — following the 15-year-old after school, confronting her in the cafeteria, and entering her classroom uninvited.
Each time, the family says, they notified school staff.
Terpstra, according to the suit, repeatedly dismissed her concerns or minimized the violations.
The student was so frightened, the complaint says, that she began carrying pepper spray. But Principal Katie Jones confiscated it, even though it was legal and not prohibited by district policy.
When confronted, Jones reportedly threatened to call the police if the student refused to hand it over.
The girl eventually withdrew from Options High School on Nov. 1, 2022, after what the lawsuit describes as a month of repeated harassment, safety plan violations, and administrative inaction.
She lost academic credit and was later diagnosed with PTSD due to the ongoing trauma.
It wasn’t until a meeting on Oct. 25 — more than three weeks after the initial report — that the district’s Title IX coordinator became involved.
The family says they were not told about their right to file a formal Title IX complaint until Nov. 17, and that even the coordinator admitted she was unfamiliar with Title IX procedures.
Two investigations were finally launched by the district — one into sexual harassment under District Policy 3205 and another into nondiscrimination under Policy 3210.
A January 2023 report from the superintendent’s office confirmed the harassment was “severe, pervasive, and objectively offensive,” and that the district’s outdated policies failed to protect the student.
The district admitted its sexual harassment procedures had been out of compliance with Washington law for approximately seven years and that it had not conducted a Title IX investigation in at least five years.
Still, the superintendent concluded that the 15-year-old’s individual rights under Title IX were not violated. The family appealed both investigations.
In a March 2024 decision, the Discipline Appeal Council agreed that several specific incidents constituted sexual harassment and called the harassment “traumatic and unacceptable.”
The lawsuit accuses the district of violating Title IX and acting negligently in its duty to protect students.
It seeks damages, attorney’s fees, and any other relief deemed appropriate by the court.
When reached for a statement, the Bellingham School District said:
We aren’t able to share any information due to student privacy laws and the pending litigation. We recognize, in some cases, it would be helpful to share more context and information; however, we are constrained by our legal and ethical responsibility under FERPA.
All students deserve to attend schools that are safe and welcoming. We take seriously our duty to protect and care for all students, and we are committed to standing with victims and survivors of any type of harassment.
All staff receive annual Title IX training, which includes how to respond to concerns related to sexual harassment.
We continue to reflect on, examine and improve our practices, staff training, and policies related to Title IX laws and expectations. We have invested heavily in doing proactive work in service of students.
We honor confidentiality as well as a fair and neutral process moving forward. Please see this Q and A for more information about student privacy.
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