Davidson County teen suspended for ‘racially motivated comment,’ school board says; family pushes back with lawsuit

DAVIDSON COUNTY, N.C. (WGHP) – A Davidson County teenager was suspended from school for what the board deemed a “racially motivated comment.”

The student’s parents Leah and Chad McGhee filed a lawsuit for their son.

It claims the student asked a question for clarification, and the comment he made was not threatening. The McGhee family wants the school to reverse the suspension and take it off of his record.

The incident happened on April 9 at Central Davidson High School. The 16-year-old is no longer enrolled at the school because, according to the lawsuit, he received threats and was harassed about this situation.

“On April 9, my son received a write-up stating that he violated a board of education policy by using or making a racially motivated comment, saying that an alien needs a green card,” Leah said.

Leah and several community members went in front of the Davidson County School Board this week to voice their opinion.

“There is nothing inappropriate about saying aliens need green cards, and there certainly isn’t a case for racism due to the fact that alien is not a race,” Leah said to the school board.

The lawsuit claims the teen left class to go to the bathroom. He missed some of the lesson and when he came back, the word “aliens” was used during class discussion.

He asked if that referred to “space aliens or illegal aliens who need green cards” and the teacher said to “watch your mouth.”

Then a Hispanic male student in class threatened to beat the teen up. That same day, the 16-year-old was suspended for three days.

“I cannot appeal this suspension since it is less than 10 days. Racism is only a three-day suspension with no appeal when it should be a top-tier punishment,” Leah said.

The lawsuit says the words, “alien,” “illegal alien,” and “green cards” are common terms used in both state and federal law. It goes on to say the punishment was too harsh and his comment should have been protected under his First Amendment rights of free speech.

The McGhee family is asking the courts to require a public apology from the school board, reverse the suspension, remove it from the student’s record, remove unexcused absences because of the suspension, remove all references from his record that he used racially motivated, inappropriate, or insensitive language in class and monetary damages determined during trial.

FOX8 reached out to all of the school board members for comment and did not hear back.

A spokesperson for the school district said they are unable to comment since there is pending litigation.

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