The Taylorville School District and Durham School Services are facing a federal lawsuit after the parents of a 10-year-old special needs student alleged their daughter was repeatedly assaulted by a 14-year-old student. According to a report by 25NewsNow, the suit contains five counts, which include violations of the victim's Title IX rights and her right to bodily integrity under the 14th Amendment.
In a distressing account, the mother of the victim, identified only as Jane Doe, claims the assaults occurred over a week-long period on the school bus and at the bus stop, with incidents ranging from fondling to digital penetration. The perpetrator allegedly threatened the girl, saying he would harm her family if she reported the abuse. The lawsuit also notes that "the perpetrator admitted that he did not even know (her) name when he repeatedly assaulted her," a statement obtained by Capitol News Illinois.
The girl, who lives with autism and ADHD, was said to be "so confused and distraught by what was occurring that she did not even understand what was occurring," as lead attorney Cass Casper remarked in a press conference. After the incident was reported, the mother obtained an emergency order of protection and brought it to the school principal, who then made a "safety plan" which prohibited the accused student from contacting the victim and relocated him within the school building. This safety plan, however, was not widely shared and seemed to have failed in its execution.
The lawsuit also called into question the adequacy of the school district's Title IX investigation, which Casper described as "radically deficient". It appears there were previous signs of concerning behavior by the accused student, as the court filing cited other young victims in the community. In remedy, the lawsuit seeks compensatory damages for the cost of the girl's psychological treatment and emotional distress, as well as for the implantation of new policies to "prevent future harassment and abuse".
Senator Steve McClure, R-Springfield, brought additional context to the legal struggle faced by the victim's family when he mentioned the failure of a bill aimed at expelling students who sexually assault another student at school. "There are legislators that do not believe that there should be any expulsion or even suspension for any student at all," McClure said, according to Capitol News Illinois. This indicates a wider issue regarding legislative support for victims in educational environments. As the case unfolds, attention continues to be focused on how schools respond to serious allegations of student misconduct and the measures they take to protect their most vulnerable students.
