Mother files suit against seventh grade bully

INDIANAPOLIS (WISH) - A mother files for a restraining order against a 7th grade boy after she says her son was bullied and assaulted at a Mooresville school. I-Team 8 has spent years investigating the bully issue which prompted a state law that every school has an anti-bully policy. The mom and I-Team 8 went searching for it.

12 year old Jake Moyer spends his days at school trying to avoid what he calls a school bully.

Jake says, “I try to take routes where I won’t see him.”

I-Team 8 anchor Karen Hensel asks, “Every lunch, passing period, restroom you have to think where is this kid?” Jake answers yes.

Jake says the bullying started last year and continued from elementary to middle school this year. It started up again the first week of school at Paul Hadley Middle when football practice let out early. The coach went into the school, leaving the kids unsupervised outside.

Jake says “He started throwing sticks at me. Then he walked up and stepped on my book bag. Then I pushed him so he wasn’t stepping on my stuff. He got me on the head, he got me on the face and then twice again on top of the head.”

Jake’s mom, Traci Moyer shows pictures as proof saying "On this you can see above his eye and the bruising on his face, this is all red and swollen here.”

Hospital records detail the dizziness, nausea and headaches.

Jake’s parents recorded a meeting with the principal on Monday:

Traci Moyer/Mom: “I just want to know if there is a policy because it is so hard to find a policy on bullying here.'''

Principal: “ Well, the stuff in our handbook involves all that bullying would involve."

Mom: “ You don’t have one here?”

Principal: “Of the bully policy? No I do not.”

State law requires schools have an anti-bully policy. It is a law prompted by our I-Team 8 hidden camera investigation on school playgrounds called “Bullied: Silent Tears”. He tells the mother to call the superintendant’s office and offers to find her a bully poster.

In this case, I-Team 8 uncovers the middle school students were left unattended.

On the tape, the principal says:

“Our coaches cutting practice early, that's a broad mistake. I'm gonna admit that. I don't know what we were thinking. I wasn't there. That wasn’t the impression of what was gonna happen. They know better than that.”

CPS has been asked to investigate.

But it is this statement from the principal on the overall issue of their son being a bullied student that concerns the mom.

On the tape the principal states:

“I guess for me I don’t consider him a victim when he initiates this confrontation.

Mom: “He initiated it?”

Principal: “By shoving him off his book bag.”

This mom still wants to see the bully policy telling I-Team 8, “that's why I wanted to see it and I figured he would have been able to immediately hand it to me.”

Jake says he is sad “because I was trying to get perfect attendance, but I guess I couldn’t.”

Both 7th graders are suspended for three days. CPS may investigate because the kids were left unsupervised.

The family filed for a restraining order on the other boy and they contacted Senator Tom Wyss who authored the original bully law.

Meanwhile, the other family didn't want to go on camera but did tell me today their son is the victim here and he is the one being bullied. They also say they complained to the superintendant last year about it but did not have any paperwork.

The school system sent us a statement outlining a school orientation, the school handbook and an anonymous hotline to read and report fights.

We could not find the word bully in the handbook. We were told "we do not have an anti-bully policy but a student conduct code." They also found the district has an area on a district website stating “Taunting, bullying and other unsafe behaviors are unacceptable.”