BREVARD COUNTY, Fla. – A lawsuit filed this month takes aim at the Brevard County School Board, alleging that a student had been strip-searched at Eau Gallie High School several times last year.
The lawsuit itself says that the school board has attempted retribution against the student and her family after her parents filed complaints following harassment at the hands of a fellow student.
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In addition, accusations arose last year thanks to a school official, positing that the teen (identified only as “M.D.”) had become pregnant and been molested by her adoptive father, the lawsuit claims.
“The complaint alleges repeated strip searches, false molestation accusations, and a pattern of racial discrimination, retaliation and defamation at Eau Gallie High School and other Brevard County schools,” reads a release by the family’s attorneys.
Now, M.D. and her father are accusing the district of violating their civil rights, including unconstitutional search and seizure, negligent supervision, and intentional infliction of emotional distress.
Despite these accusations, the school district provided News 6 with the following statement on Monday night:
“Brevard Public Schools is aware of allegations that are currently the subject of pending litigation. While we cannot comment on the specifics of that case, we want to be absolutely clear: Brevard Public Schools does not strip-search students. We have never conducted strip searches, and we never will. The safety, dignity, and well-being of our students remain our highest priority.”
Brevard Public Schools
Meanwhile, the full timeline of incidents is outlined in the lawsuit as follows:
HARASSMENT AND BULLYING
August 2023 - January 2024
For around 157 days, M.D. and other students were called misogynistic and racial slurs on a nearly daily basis by a fellow student, according to the lawsuit.
The lawsuit says the school did nothing to correct his behavior, and M.D. started therapy to cope with the harassment.
The school allegedly ignored complaints about the harassment, with some students even being admonished by teachers for reporting the incidents verbally.
Nov. 15, 2023
M.D.’s father, Nicholas Dayton, filed an incident report with the assistant principal about the lack of action to protect the girl and the other students.
However, the school refused to interview the majority of victims who wanted to make a statement, and school officials refused to notify any of the parents involved about the abuse, the lawsuit argues.
March 2024
The Daytons filed a complaint with the U.S. Department of Education against the school district about the ongoing lack of action, as well as “for falsifying documents regarding state and federal violence and bullying reports, including the School Environmental Safety Report (the ‘SESIR’), falsely reporting numbers of ‘zero’ as far back as 2019,” the lawsuit reads.
From that time, the lawsuit says, the School Board labeled the Daytons as “whistleblowers” and began to retaliate against the family. The lawsuit also accuses the board of stonewalling Dayton’s records requests.
August 2024
M.D. began attending Eau Gallie High School, though “she continued to be harassed for unknown reasons by students and staff,” according to the lawsuit.
Despite M.D. being an honors student, several teachers lowered her grades until Daytona was able to prove she actually did the work, the lawsuit says.
Per court records, this happened at least seven times, and M.D. continued to be bullied by other students.
Sept. 4, 2024
One of M.D.’s teachers reportedly made a “disparaging comment” about Dayton.
Sept. 11, 2024
One of M.D.’s teachers sent M.D. to the principal’s office “to be disciplined,” the lawsuit claims.
M.D. called Dayton, and she eventually returned to class without any explanation from the school about why she was summoned in the first place, according to the lawsuit.
FALSE ACCUSATIONS
Sept. 18, 2024
Around this time, at least one school official at Eau Gallie High School reported to DCF that M.D. was pregnant and had been molested by Dayton, the lawsuit says.
The agency then opened an investigation into Dayton, and a police officer arrived at the family’s home that night, according to the complaint.
Per court records, the officer asked Daytona about his daughter, questioned M.D. herself, and then left.
However, a pediatrician was able to confirm that M.D. had never been pregnant, the lawsuit adds.
Sept. 19, 2024
According to the lawsuit, police began to “stake out” the Daytons’ home with a DCF agent, who approached Dayton in his driveway. At this time, Dayton provided a copy of the pediatrician’s report.
M.D. also told investigators on her own that she had never been molested by anyone.
But school staff began interviewing students and other people about the allegations, many of whom were previously unaware, according to the lawsuit.
“The pregnancy and molestation allegation quickly spread like wildfire on both on and off campus, with the aftermath of ongoing humiliation for both Dayton and M.D.,” the lawsuit reads.
Sept. 22, 2024
The Daytons filed a complaint regarding the false DCF report, though the school board failed to investigate the case, according to the lawsuit.
STRIP SEARCHES
Sept. 30, 2024
The lawsuit claims that Assistant Principal Humphrys pulled M.D. out of class to another room, where he conducted a strip search.
Humphrys didn’t tell her parents about the search, nor did he discover any contraband, the lawsuit says.
“M.D. was humiliated and did not want to tell her parents about the strip search,” the lawsuit continues.
Oct. 1, 2024
Humphrys and another male staff member performed a second unfruitful strip search on M.D., who this time informed her parents of what happened, according to the lawsuit.
In response, her parent’s reportedly emailed the superintendent the following message:
“We are livid!
Our daughter was made to lift her shirt, pull out her bra and shake in front of a man in the room.
The humiliation and indignity that the Eau Gallie Administration continues to heap upon our child is monstrous.
The Daytons"
Oct. 2, 2024
According to the lawsuit, M.D. began showing signs of “trauma and anxiety,” and she re-entered therapy to discuss the incident.
Meanwhile, Superintendent Rendell met with other school officials to discuss the strip searches and “hostile environment” that M.D. had been experiencing, as well as the molestation accusations, the lawsuit says.
Oct. 16, 2024
The School Board met with Dayton to discuss all of the issues M.D. was dealing with, and the board promised to correct the hostile environment, the lawsuit states.
Oct. 17-18, 2024
Daytona contacted high school administrators and the School Board due to the ongoing refusal to investigate the DCF report, according to the lawsuit.
Oct. 21, 2024
The Daytons filed an incident report about the strip search, the lawsuit says.
But according to the complaint, Humphrys performed a third strip search of M.D., again failing to find any contraband, the lawsuit reads.
Oct. 23, 2024
One of M.D.’s teachers marked a grammar assignment as incorrect even though it was correct, citing her “dislike” of the Daytons, the lawsuit claims.
Oct. 31, 2024
The School Board allegedly admitted fault regarding M.D.’s strip search in the following email:
“Mr. Dayton,
I am following up regarding the incident reported on October 21, 2024. After investigating, I found that Eau Gallie High School staff did not follow district policy, specifically Policy 5771, Section D, which requires that a search of a student’s person or intimate belongings be conducted by a staff member of the student’s gender, in the presence of another staff member of the same gender, and only in exceptional circumstances when there is an immediate threat to the health or safety of the student or others.
To ensure proper procedure is followed in the future, I have taken the following steps:
1: Met individually with each member of the administrative team to review District Policy 5771, Section D.
2: Established protocols for situations when a staff member of the same gender as the student being searched is unavailable.
3: Conducted a group meeting with the administrative team to discuss and clarify this policy.
4: Reviewed multiple policies with the team and provided guidance on locating policies related to various incidents.
I sincerely apologize to you, [M.D.], and your family for the impact this oversight has caused.
Thank you, Keith Barton, Principal”
However, the lawsuit accuses the school board of refusing to conduct a required investigation into the strip searches.
Nov. 1, 2024
Dayton filed a complaint with the Florida Department of Education regarding the strip searches, according to the lawsuit.
Nov. 4, 2024
Dayton provided notice to the School Board stating that none of the Oct. 16 assurance had been taken into effect, with M.D. continuing to suffer a hostile environment at school, according to the lawsuit.
On the same day, Humphrys conducted another search of M.D., failing to find any contraband again, the lawsuit says.
November 2024 - December 2024
Several teachers changed M.D.’s grades from 100 to zero, leading Dayton to again prove that she indeed did the work, according to the lawsuit.
SEXUAL ASSAULT ACCUSATION
Jan. 16, 2025
Another student accused M.D. of sexually assaulting her in the cafeteria by grabbing both of her breasts with both hands, according to the lawsuit.
However, a video apparently revealed that the student had actually asked M.D. to help her zip up her jacket, which had been stuck, the lawsuit states.
Despite the video, Humphrys demanded that M.D. sign a “Stay Away” form to protect the other student, similarly demanding that the Daytons sign the form, which they declined, the lawsuit says.
Jan. 24, 2025
According to the complaint, the Daytons asked Humphrys to recuse herself from the investigation due to “obvious conflicts of interest” regarding the strip-search accusations, though she refused.
Jan. 28, 2025
Principal Barton notified the Daytons that Humphrys had stopped the investigation in the school cafeteria, the lawsuit says.
February 2025
According to the lawsuit, Humphrys “secretly continued” investigating the complaint made against M.D.
INVESTIGATION CONTINUES
April 11, 2025
A DCF agent came to Dayton’s home to speak with M.D. about the molestation accusations from the year prior, the lawsuit says.
April 15, 2025
Per court records, Assistant Principal Maggie Fleming pulled M.D. from class so that investigators could speak with her about the investigation.
However, M.D. said she wouldn’t speak without her father, but Fleming and the investigators continued trying to interrogate her without notifying Dayton, the lawsuit accuses.
Afterward, M.D. reportedly called Dayton to pick her up and told him what happened.
The full lawsuit can be read below: