PENBROOK, Pa. — Parents of an eight-year-old girl who attended St. Margaret Mary School in Penbrook, Dauphin County are speaking out after filing a federal lawsuit against the school.
In the lawsuit, which was filed in the U.S. District Court for the Middle District of Pennsylvania, Darin and Julia Smith say their daughter's rights were violated when her hair was cut by a teacher at the school, without their consent, in November of 2023.
According to the suit, the Smith's daughter was in music class on Friday, November 17, 2023 when her hair became stuck in a piece of Velcro.
The music teacher, who is named in the lawsuit as Mr. Joseph Codispoti, allegedly cut 20 inches of the child's hair in order to get the Velcro out. The suit argues he did so without contacting Darin and Julia to see how they wanted to handle the incident with their daughter.
The lawsuit argues their daughter had her civil rights violated, as she is African-American.
In the court filing, it is explained the child "maintains long hair as part of her African American heritage and culture" and "as a part of her family religious beliefs in correlation with allowing natural features as attributes provided by God to grow naturally." It also states "Natural long hair is a large part of the African American culture."
"In any female, our hair is our identity," said Julia Smith. "And [the way this played out], in the classroom, in front of her classmates, for her hair to be cut [significantly]."
Darin and Julia say school staff only contacted them about the incident after school hours on November 17.
"[We initially felt] shock and then anger. Just why would they do this without calling us first?" said Julia. "He had no business touching her without our consent."
According to court documents, they sent an email to the school's principal that evening, and received no response. Darin then spoke with the principal the following Monday, November 20, and says he was told by the principal this was the first they were hearing about the incident.
"There's a number of red flags already going off with the fact that they called us at 3:20 [p.m. on Nov. 17] not calling us [earlier] to inform us what's going on, then for them to not communicate to leadership this happened," said Darin Smith in an interview with FOX43. "They thought it was important enough to call us but not notify the principal."
In an incident report filed by the school, staff say the child asked the teacher to cut the Velcro out.
"I don't care if she said it or not, she's a child," said Darin. "We had that conversation with the principal about the incident where he was saying [she] said to cut it. I asked him, 'So are you taking direction from an eight-year-old now?'"
The lawsuit argues the school admitted to the Smiths that it did not follow protocol in the matter. It also argues school staff violated several sections of the school Parent/Student Handbook through the way the incident was handled.
Darin and Julia say since the incident, their daughter has suffered from severe Post-Traumatic Stress Disorder (PTSD) and other emotional trauma directly related to the incident. She's currently in therapy.
She had to be pulled out of St. Margaret Mary School, which her siblings still attend, and is now attending a cyber charter school.
"She's struggling with the fact that she's not seeing her friends anymore," said Darin. "Our daughter is very social."
Darin and Julia have also suffered severe emotional distress from the incident, according to the lawsuit, and have lost money due to time taken off work to take their daughter to therapy and medical appointments associated with this incident.
The suit also states the Smiths requested several accommodations for their daughter after the incident occurred, including switching her homeroom and an alternative to her having to attend music class with the teacher who cut her hair. The school did not honor either request, according to the lawsuit.
The lawsuit also alleges Battery against their daughter, stating that the teacher touching the child was "intentional" as well as "harmful and offensive." It also reasserts that Darin and Julia Smith did not give consent to cut their daughter's hair.
It's not yet known if the civil case will be heard by a federal judge, though court documents show attorneys representing St. Margaret Mary School have filed a motion, seeking to have the lawsuit dismissed.
In a brief related to that motion, the attorney states the Smiths' "asserted claims" are legally insufficient, writing in conclusion, "These facts establish that Defendant cut a piece of Velcro from Minor-Plaintiff’s hair. These facts do not demonstrate Defendant intended to discriminate on the basis of race or national origin, cause harmful or offensive contact, or engage in outrageous conduct that is utterly intolerable in a civilized community, nor do they establish a Defendant breached either a promise imposed by a (nonexistent) contract or a duty imposed as a matter of law. The facts pleaded simply do not and cannot establish the music teacher’s cutting Minor-Plaintiff’s hair to remove a piece of stuck Velcro was for a tortious or otherwise improper purpose."
FOX43 has reached out to attorneys representing St. Margaret Mary School, requesting comment, but have not received a response as of Thursday afternoon.
We also reached out to the Diocese of Harrisburg requesting comment regarding the lawsuit. A spokesperson for the Diocese said, "Due to the active litigation involving a minor, it is not appropriate for us to comment at this time."
"At the end of the day, you have to be the advocate for your children," said Darin. "When anything doesn't look right or sound right, be vocal until you feel you're heard."
Below is the full lawsuit:
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