Family claims 15-year-old special needs student was sexually assaulted, files lawsuit against Northw

HOWARD COUNTY, Ind. -- The parents of a special needs student have filed a federal civil rights lawsuit against the Northwestern School Corporation in Howard County, alleging the student endured repeated sexual assaults.




Attorneys Tammy Meyer and Catherine Michael are representing the family who filed a federal suit Thursday in Howard Superior Court 1.




The complaint centers on allegations that administrators and staff members failed to provide "basic supervision", which directly contributed to the 15-year-old student suffering "sexual abuse, bullying and psychological trauma" while enrolled in the special education program at Northwestern High School.




According to the complaint, the student has autism, a language impairment and an intellectual disability.




"This wasn't one incident. This was a pattern of deliberate indifference and shocking neglect spanning months where school staff allowed this child to walk into danger day after day and did nothing," Attorney Tammy Meyer said.




The complaint names Superintendent Kristen Bilkey, Principal Tim Shoaff and multiple other staff members as defendants in the case.




According to the complaint, the student was sexually assaulted more than 20 times in the school's restroom. The alleged assaults occurred during band class under the supervision of the school's band staff.




The lawsuit accused Bilkey and other administrators of failing to investigate the alleged sexual abuse, instead suspending him for five days in September 2023.




After the student disclosed the alleged incidents, the parents "begged and pleaded" with the high school to provide the victim with an individual restroom.




"However, the school failed to implement these meager safeguards effectively," the complaint said.




The family alleges the student was also subjected to "sexualized bullying."




"He could not understand the coercive nature of what was happening to him," Attorney Catherine Michael said. "The adults at school were the only line of defense he had, and they abandoned their legal and moral duties."




The family alleges the school corporation failed to uphold its obligations under the Individuals with Disabilities Act (IDEA) and the Americans with Disabilities Act (ADA).




The family also sued for intentional and negligent infliction of emotional distress after detailing how the victim was hospitalized multiple times before being removed entirely from the public school setting.




"When parents send their children to school, especially those with disabilities, they trust that their children will be safe," Meyer said. "That trust was shattered when James was not only repeatedly sexually assaulted on school property, but retraumatized by administrators who treated him as a problem instead of a victim."




FOX59/CBS4 has reached out to the Northwestern School Corporation for comment on this lawsuit. As of this article's publication, we have not heard back.




This is a developing story. More information will be added as it becomes available.





via: https://fox59.com/news/family-claims-15-year-old-special-needs-student-was-sexually-assaulted-files-lawsuit-against-northwest-school-corporation/