Lawsuit: Cape Fear Academy ignored bullying, harassment claims among girls

NEW HANOVER COUNTY, NC (WWAY) — A lawsuit has been filed against Cape Fear Academy in Wilmington claiming it failed to address reported bullying and harassment claims.

The suit primarily focuses on two students, referred to as Jane Doe and Jane Roe. Jane Doe was a senior at Cape Fear Academy (CFA) and had attended the school since 9th grade.

Jane Roe, a friend of Jane Doe, had attended CFA since Pre-K through 9th grade. She returned to CFA for her senior year, the 2020-21 academic year, after attending boarding school for several years.

Prior to the 2020-21 academic year, Jane Doe reportedly had suffered from a number of medical issues and had been the victim of bullying and harassment by various male students at CFA. During the 2020-21 academic year, the suit states she actively sought therapy for both anxiety and depression related to the bullying and harassment to which she was being subjected by various male students at CFA.

The suit states Jane Roe had been sexually assaulted during her sophomore year at another school she attended. By the time she returned to Cape , she reportedly had been diagnosed with and was suffering from “Post Traumatic Stress Disorder” (“PTSD”) associated with the assault.

CFA’s Upper School Student Handbook contains various “Bullying, Harassment, and Hazing Policies”, and provides that “Cape Fear Academy is dedicated to fostering an environment that promotes kindness, acceptance and embraces differences among individuals. Therefore, CFA will not tolerate any type of bullying, harassment or hazing.”

However, the suit alleges the school “ignore these policies” when it came to bullying and sex-based conduct among the three girls. It added that the school sent the message that “adults don’t care”, and that “if a CFA student dared to complain and speak out about being the victim of bullying and harassment, it would be the victims that would face consequences.”

The suit then claims that CFA retaliated against Jane Doe by refusing to let her attend “Salute to Seniors” and CFA’s commencement exercise unless she provided a written apology to male students and telling her that “someone must take the fall,” for speaking out about the inappropriate conduct, including sex-based harassment and bullying, to Jane Doe, Jane Roe and other female students at school had reportedly experienced by certain male students there.

The plaintiffs want an excess of $75,000 for claims of emotional distress, breach of contract, compensatory damages for “deprivation of equal access to the educational opportunities and benefits provided at CFA, and damages for past, present and future emotional pain and suffering, ongoing mental anguish, loss of past, present and future enjoyment of life, and such other damages.”

Another CFA parent spoke to WWAY on condition of anonymity, saying she believes there is a pattern of this type of behavior at the school. She had a daughter and son attend the school, and says her daughter had a similar experience.

“My daughter has at various points throughout her school career faced sex-based harassment and bullying, including a few shocking physical violent acts that were brushed off by teachers and administration,” she said. “It took me a while to come to the realization that there does seem to be a pervasive culture of this type of behavior at Cape Fear Academy.”

WWAY reached out to the CFA who released the following statement:

“Cape Fear Academy takes allegations of this nature quite seriously. As much as we would like to respond to these allegations, federal law constrains us from offering specific comments about matters involving particular students. However, we remain committed to providing all our students with a superior educational experience in an environment free of harassment and other distractions, and we will continue to prioritize their health, safety, and emotional well-being. We take pride in knowing that Cape Fear Academy has offered that experience to students for more than 54 years and we look forward to serving them in the decades to come.”

You can view the lawsuit document here.