The parent of a former Nipomo High School student is suing the Lucia Mar Unified School District in federal court, claiming that a physical education coach forced her son into activities against the advice of doctors and later bullied the teen when she brought up the problems to school and district officials.
The lawsuit, filed Feb. 11, named the district and former Nipomo High School coach James Gross as defendants. The suit claims that Gross deprived the 16-year-old student of his rights and put the student’s health at risk.
The alleged harassment began during the 2013-2014 school year. The student, then a sophomore, was identified by the district as disabled. The teen suffered from ADHD and a heart condition that sometimes caused shortness of breath and chest pain. Despite the condition, the boy still participated in sports and other activities. The lawsuit stated that the student’s doctor had advised him to limit his activities when necessary.
Early in the school year, students were running in hot weather. The sophomore began experiencing chest pains, and he started to walk, according to the lawsuit. Gross allegedly told the student that he was required to run. When the student told him about his condition, as well as a written plan with the school district that laid out his conditions and the accommodations under the auspices of the Federal Americans With Disabilities Act, Gross reportedly said that he didn’t care and expected him to “fully participate” until he got a note from a doctor, the lawsuit stated.
After the initial spat, the lawsuit claims that Gross bullied and harassed the student on several other occasions. The alleged retaliation included Gross getting the boy cut from the high school’s wrestling team, which he coached. Gross was later removed from his position as the school’s wresting coach. The district’s website states that Gross is now employed as a P.E. coach at Arroyo Grande High School. The student is no longer on campus.
Judy McKelvey, Gross’ attorney, didn’t comment on the specific allegations of the lawsuit.
“Mr. Gross has always acted with the intent to act in his students’ best interest,” she said.
Former NHS wrestling parent Lonnie Rodriguez also defended Gross.
“He never had an issue with his students,” Rodriguez said. “There’s plenty of people who know him, and they know he’s a great guy who’s really dedicated to his students.”
Court records show that the lawsuit is ongoing. Gross has until June 8 to answer the complaint against him.
This article appears in May 28 – Jun 4, 2015.