photo by: Chris Conde/Journal-World File Photo

Free State High School, 4700 Overland Drive, is pictured in this file photo from September 2018.

A mother who says she was fed up with her son being bullied obtained a court order prohibiting the alleged bully from going anywhere near her son. Problem solved, she thought, until this question came into focus: How is the order to be enforced if both boys go to the same school?

The mother, whose name is not being used to protect the privacy of her son, has been concerned for her child’s safety at Free State High School, where she says a bully has attacked and threatened him. She has in her possession a March 25 order signed by Douglas County District Judge Paul Klepper stating that the reported bully “shall not enter or come on or around the premises, the residence, property, school, or place of employment of the Protected Person(s) or other family or household members of the protected person(s).”

“(My son) fears for his safety and I, as his mother, (am) making a final plea to the court to help protect my child,” his mother had written in a petition to the court. “… Please use any resources you deem necessary to help keep my child safe.”

Although the resulting court order specifically prohibits the defendant from being near the school, the defendant is still attending Free State, and the mother is confounded by the plain language of the order apparently being ignored. Why does it say “school,” she wonders, if enforcement is not actually happening at school? To her understanding, the other student has options to attend a different school in the district so enforcing the protection order would not deprive him of his right to an education.

“At this point, it seems that everyone is going against the order,” the mother recently told the Journal-World. “… He’s already been attacked once and his life was threatened.”

Lawrence school district spokesperson Julie Boyle declined to comment on the protection order, writing in an email that it would be inappropriate for the district to discuss a family’s personal legal matter.

“When appropriate, we work with school families to assist them with court orders pertaining to their family,” Boyle wrote.

Lawrence Police Department spokesperson Laura McCabe said via email that officers and student resource officers enforce the law, so if a protective order is in place against individuals and the department is called to investigate it, one potential outcome is that the officer would document the details of the contact and send an affidavit to the Douglas County District Attorney’s Office, where decisions on potential charges would be made.

“We respond to violation complaints and proceed accordingly, depending on the circumstances,” McCabe said. “The goal is always to keep everyone safe and work to avoid further conflict.”

Assistant District Attorney Devin Canfield previously told the mother in a voicemail shared with the Journal-World that his understanding of the situation was that the school had rearranged schedules so that the two students would not have any contact. He said the offending student has a constitutional right to go to school.

“The way it stands is, if both kids are following the rules set by the school, any referrals sent over by law enforcement will not be charged by my office,” Canfield said in the voicemail. “If there is something other than that, say (the defendant) intentionally goes to your son’s class or something of that nature, that would be something that would be charged.”

The mother alleges that the student assaulted her son behind a tree on school grounds, out of view of security cameras. She said he approached her son from behind and struck him multiple times, while other students filmed the attack with plans to share it on social media. The incident occurred in October, and the mother said the school issued a “no contact order,” with the intention of limiting interactions between the two students. However, this lasted only until the end of the year; after winter break, they ended up in the same gym class, she said.

Since then, the mother said her child was also threatened in the hallway at school, in addition to other instances of bullying, all of which led to her seeking the protective order.

The Lawrence school district’s bullying policy defines bullying as physical harm, property damage, threats, or actions that cause fear or inconvenience. It also includes severe, persistent taunting, teasing or intimidation that creates an intimidating environment or disrupts school operations. Students or employees who experience such conduct can file a formal or informal complaint with the building principal.

Those who engage in bullying may face disciplinary actions, including termination, expulsion or exclusion from district property and programs, the policy states.

The DA’s office did not respond to requests for comment.