STATE OF NEW YORK

COUNTY OF MONROE

R.B., as parent and guardian

of M.B., an infant
Claimant,
NOTICE OF CLAIM
-against-

PITTSFORD CENTRAL SCHOOL DISTRICT,

MELISSA JULIAN, as Principal of
Pittsford-Mendon High School, and
MICHAEL PERO, as Superintendant of
PITTSFORD CENTRAL SCHOOL DISTRICT

TO THE PITTSFORD CENTRAL SCHOOL DISTRICT, ET AL..

PLEASE TAKE NOTICE that, pursuant to Education Law Section 3813,
R.B., Claimant, individually and on behalf of her minor child, M R., herein makes
claim against THE PITTSFORD CENTRAL SCHOOL DISTRICT, and other parties
named hereinabove, and in support thereof, claimant states:

1. Name and address of each claimant and attorney:

307 Fishers Road

Pittsford, New York
14534

307 Fishers Road

Pittsford, New York 14534
Jeffrey Wicks, Esq.
Attorney for Claimant
36 W. Main St., Suite 101
Rochester, New York 14614
2. Nature of claim:

This claim is to recover for personal injuries suffered by the claimant M.B.
while a student at the Pittsford Mendon High School, which is owned and
operated by the Pittsford Central School District ("Pittsford CSD") More
specifically, the claimant M.B., who is biracial, was subjected to racism in
the form of severe taunting and insults by another student "M.H.", this
being a fictitious name for the purposes of this Notice of Claim. The
claimant asserts causes of action for negligence and negligent infliction of
emotional distress.

3. Time, place where and manner in which claim arose:

a. The claim arose on and between February, 2019 and the present day,
in various areas within the Pittsford Mendon High School, including at
Track Team practices and events, since many of the students involved
are on the Track Team at Pittsford Mendon High School. In general,
there have been countless incidents, of which Pittsford CSD, Principal
Melissa Julian ("Julian") and Superintendent Pero ("Pero") are aware
wherein M.H. has called M.B. and other African-American students
"nigger", "nigger bitches" and "monkeys".

b. On February 5, 2019, M.H. Snapchatted "Don't brush my niggerll with a

photo of M.B. It was referring to M.B. as "her Nigger". M.B. was
offended and upset, felling like it was cyber bullying.

c. On April 3, 2019, it was brought to the attention of M.B. that M.H. was
referring to certain African-American Urban-Suburban students within
Pittsford Mendon High School as "lesbians".

d. On April 10, 2019, M.H. referred to the African-American

UrbanSuburban students as "nigger bitches".

e. On April 22, 2019, M.H., in M R.'s presence, called M.B. a

"monkey".
f. On April 22, 2019, M.B. brought all of the above facts to the attention
of Julian. Julian assured M.B. that she would handle the situation.
 g. On April 22, 2019, a fellow student told M.B. that M.H. called M.B. a
"monkey.

h. On April 22, 2019, M.B. told confronted M.H. and told her to stop
saying the above-described things about her.

On April 23, 2019, Julian called M.B. into her office to tell her that she was
to leave M.H. alone and that that was M.B's "warning". Upon

hearing of this, Claimant called Julian but Claimant never received a

return call.

j. On May 1, 2019, Claimant contacted Pero to discuss the aboveevents.

Pero promised to take action to remedy the situation and call back
Claimant, but has not done so to this day.

4. Items of damage or injuries:

a. The Pittsford CSD has negligently failed to supervise the students

under its care for the purpose of preventing the type of conduct
engaged in by M.H. suffered by M.B. and other students.

b. As a direct result of the foregoing, M.B. has experienced a drop in

her grades and has been taken out of many of her classes for
meetings to be questioned on the various incidents described
above. To date, there have been no consequences to M.H. because
of her actions.

c. M.B. has suffered emotional trauma, embarrassment, humiliation,

extreme emotional stress, trauma, nervousness, anxiety,
embarrassment, humiliation, medical expenses, attorney's fees and
mental anguish which requires treatment which she is receiving.

5. By reason of the foregoing, the claimant, R.B., has been damaged

and seeks damages in excess of the jurisdictional limits of all courts which
would otherwise have jurisdiction.
 WHEREFORE, claimant, R.B., makes a claim against THE PITTSFORD CENTRAL
SCHOOL DISTRICT, et al., for the total amount of damages to which claimant is
entitled.
Dated: May 2019

VERIFICATION
R.B., being duly sworn, says that she is a Claimant in the above-entitled
proceeding and the foregoing petition is true to her knowledge, except as to
matters therein stated to be alleged on information and belief, and as to those
matters, she believes them to be true.

Sworn to before me this

day of M , 2019

JEFFREY WICKS
Notary Public, State of New York
MONROE COUNTY
Commission Expires July 1 1, 20