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Family sues school district, says special education student was raped at junior high

Family sues school district over rape of special needs child

FISHERS, Ind. (WISH) — A family suing Hamilton Southeastern Schools claims the district did not do enough to stop their child with autism from being raped multiple times while at school.

According to the lawsuit, the child was raped 11 times over several months in a bathroom at Fishers Junior High School, which serves Grades 7-8.

Lawyer Tammy Meyer, who represents the family, said, “The child, as well as his parents, are really struggling. Struggling not only with what happened, but in being forced to have to file a lawsuit to get some sort of justice. It is a failing from the teachers and the aides to the vice principal, to the counselor, to the principal, up to the superintendent.”

According to the lawsuit, the sexual assaults began in August and continued until at least January.

Lawyers for the child told I-Team 8 he was forced to perform sex acts after the other student used a school-owned device to lure him to the bathroom.

Meyer said, “This perpetrator was emailing on school-sponsored email and should be school-monitored email (to) our child, and luring him into the bathroom repeatedly. And it’s happening during school hours, during class time. So, children who need to go to the restroom during class time should get a hall pass, and they should be monitored in some way. That was not happening here, so it allowed it to go on for months and months before it was discovered by the parents.”

Lawyer Catherine Michael, who also is representing the family, said, “This was a special education student who had autism, language impairments, and intellectual disability, who was placed full time into a special education classroom because of his need for so much supervision. So, the thought that children with this level of needs can be left on their own within a school building, whether it’s wandering a hall or being in a bathroom, or finding themselves the victim of assault, I think is very troubling.”

After discovering the sexual assaults, the child’s parents went to the school. The lawsuit claims the principal refused to speak with them.

The vice principal spoke with them but only asked the parents what they would like him to do about the situation without laying out a plan of action.

Meyer said, “The school needs to step up and take responsibility for what happened and make sure it doesn’t happen to another child.”

The school district shared a statement with I-Team 8.

“We are aware of the recent lawsuit and take such matters very seriously. While we are currently unable to discuss the specifics of the case due to its sensitive and ongoing nature, we are fully committed to cooperating with the legal process.

“When these allegations were brought to our attention, we took appropriate action to ensure a safe learning environment. Our top priority is the safety and well-being of every student entrusted to our care.”

According to her LinkedIn profile, Crystal Thorpe, the principal of Fishers Junior High School, left the district in March to become the director of teaching and learning in Washington Township Schools in Indianapolis.

The school board then promoted the vice principal, Tige Butts, to principal.

Both Thorpe and Butts are named in the lawsuit along with Superintendent Patrick Mapes, teacher Helen Estep, guidance counselor Basel Maarouf, and Title IX coordinator Jimmie Lake.

While the lawsuit is seeking a monetary settlement for the trauma caused by the sexual assault, attorneys for the child said no amount of money will right this wrong.