Abyesh Thulung started his life in a Bhutanese refugee camp in Nepal. He was 2 years old when he moved with his family to Akron. He made the Honor Roll as a student at Findley Community Learning Center, despite lacking a strong grasp of English.
In 2023, Thulung started the fifth grade at NIHF STEM Middle School. That’s when, family members state in a lawsuit filed Wednesday against Akron Public Schools, he began to be bullied. He was peppered with racial harassment, including being repeatedly called an anti-Asian slur by peers, the lawsuit states.
After informing his teacher he was being bullied, Thulung was forced to sit next to one of his alleged abusers, the lawsuit states. Another time, after grabbing his bully’s shirt collar, the lawsuit says he was given detention.
On March 20, 2024, Thulung informed a teacher he was again bullied. Instead of following district policy and investigating his claims, the lawsuit states, the teacher suspended him for two days.
The following day, Thulung killed himself in his family’s home.
He was 11 years old.
The lawsuit, filed in the U.S. District Court for the Northern District of Ohio, alleges a litany of incidents involving bullying and failures by NIHF STEM Middle School and school district administration, arguing that if any of Thulung’s bullies had faced expulsion, “it would have prevented his continued bullying and his wrongful death.”
“The family believes this was an avoidable tragedy had Akron Public Schools followed their own anti-bullying policies,” Sean Sweeney, the family’s attorney, told Signal Akron.
APS administrators did not immediately respond to a request for comment from Signal Akron.
Lawsuit includes long list of complaints
Among the accusations in the lawsuit are claims that:
- APS and NIHF STEM Middle School officials failed to contact Thulung’s family after he voiced suicidal ideations when informed of an out-of-school suspension.
- APS withheld information from his parents — that Thulung had been in fights and altercations with his bullies.
- APS did not respond to requests for records from Thulung’s family or attorney.
- APS did not retain surveillance video footage of an incident between Thulung and one of his bullies that led to his out-of-school suspension, despite being notified of pending litigation related to the bullying.
“Abyesh was proud and full of hope when he started his middle school journey at a STEM school,” the lawsuit reads, “optimism that was systematically and repeatedly destroyed by certain other APS students when they singled him out for repeated bullying based on his Asian heritage.”
No investigation was initiated, lawsuit states, after student went to nurse with injuries
During his brief time at NIHF STEM Middle School, Thulung went to the school nurse 11 times. Four times were for physical injuries, including a bloody nose he sustained during an altercation with bullies. The other visits were for stress-induced headaches and stomach aches, according to the lawsuit.
After coming to the nurse’s office with a bloody nose, which the school nurse noted was sustained from a conflict with another student, “no investigation was initiated to hold the student(s) accountable,” the lawsuit states.
The bullying extended beyond school hours, according to the lawsuit, with students using social media to call him racial slurs based on his Bhutanese heritage.
Even after his death, online ridicule continued.
“Aybesh (his fatass wannabe gangster),” one student wrote on social media.
“LMAOOOO IDK HIS NAME BUT HE A 5TH GRADER [laughing emoji],” wrote another.
The lawsuit claims the social media “celebration” of his death is “emblematic of the hatred he endured at NIHF at the hands of these same students, all with full knowledge of the Defendants.”
APS and state policies on bullying were violated, lawsuit states
The State of Ohio and APS have robust laws and policies around bullying. The lawsuit alleges the school district violated both in Thulung’s case. Under state law, schools are obligated to inform parents or guardians when students are bullied.
APS’ anti-bullying policy states, “Every staff member is required to report any situation that they believe to be aggressive behavior towards a student.” The lawsuit claims this policy was violated.
The lawsuit states: “Defendant’s affirmative steps to hide the number of bullying incidents at APS from the community was done at the expense of Akron families like the Thulung’s who are trying to protect their children from being bullied and reflects APS’ wide-spread pattern and practice of hiding bullying from the community.”
The district also failed to enforce its Code of Student Behavior, which prohibits racial harassment and bullying, the lawsuit states. Violations of this student behavior code carry a mandatory out-of-school suspension and mandatory recommendation for expulsion.
Editor’s note: If you or someone you know is experiencing thoughts of suicide, please call 988 for the Suicide and Crisis Lifeline.