Va. Judge Calls School’s Decision to Suspend Child Who Waited to Report Classmate with Bullet ‘Appalling'

A Virginia judge has made a ruling in a case involving the suspension of a student at a school — a decision his mother said was unfair and breached its contract with parents — after he waited to inform school authorities that a classmate brought a bullet to school.

On Monday, April 8, Virginia Beach District Judge Vivian Henderson ruled in favor of Rachel Wigand, the child’s mother who sued St. John the Apostle Catholic School in September 2024, saying it was “appalling” that the child was punished for trying to do the right thing, according to NBC News, WVEC-TV and the New York Post.

“Especially in an environment where … younger and younger kids are being forced to make adult-like decisions without clear boundaries or parameters,” Henderson said, per NBC News. 

According to the lawsuit obtained by WTKR-TV, the incident happened on Sept. 5, when Wigan’s son — referred to as A.W. — was shown a bullet in class by another student right before a test. A.W. took the test and went to another class before informing the school’s principal Jennifer Davey of the bullet.

The lawsuit noted that Wigand’s son informed the principal of the bullet within two hours after his classmate showed it to him, per WTKR-TV. Police were called to the campus, and the bullet was recovered from the student.

However, A.W. was suspended for the rest of the day and the following day on Sept. 6 for “failing to immediately report” the bullet to school officials, according to the lawsuit obtained by the outlet. The documents allege that it was the same suspension as the other student who brought the bullet to school.

“A suspension on a child’s academic record is permanent,” Wigand’s attorney Tim Anderson said, per NBC News. “When you’re enrolling children in subsequent educational places, they ask you that question: Has your kid ever been suspended? What happened to her child was so absurd.”

“It wasn’t fair that the mom was going to have to answer that question, yes, for the remainder of this child’s academic career,” he added.

However, an attorney for the school argued in court, per NBC News, that safety incidents needed to be reported immediately, and that it was written in the school’s handbook and in the tuition contract that the school has the right to impose “a more or less severe form of discipline” when it came to these incidents.

The Catholic Diocese of Richmond, which oversees St. John the Apostle Catholic School, did not immediately respond to PEOPLE’s request for comment on the judge’s decision.

The Catholic Diocese of Richmond told NBC News that it disagrees with the court’s decision, but respects the court’s decision. A spokesperson added: “Our focus continues to be providing enriching and Christ-centered learning experiences for our students, and we are hopeful this conclusion will bring all parties involved an opportunity to move forward.”

As for what happens next for her son, Wigand said that she plans to enroll him and her other children in another school, noting that A.W. has allegedly been bullied over the incident.