A Diamond R-4 principal and teacher ignored the sexual assault of an 11-year-old girl, according to a lawsuit filed Monday in Newton County Circuit Court.
The lawsuit filed by the girl's mother on behalf of her daughter, claims the child was sexually assaulted in a restroom by a female student with a history of sexual misconduct.
In addition to the R-4 District, the student who allegedly committed the assault and her parents are listed as defendants.
From the petition:
On or about the months of October 5, 2022, {The child} was an eleven (11) year old female
middle school student at Diamond Middle School, a school within the Diamond, Missouri School
District.
At all times herein concerned, {She} was entirely under the supervision, control,
and care of Diamond R-IV School District, and its employees while she was attending school.
On or about October 5, 2022, while on school property and during school hours, {she} was sexually assaulted by Jane Doe.
The acts of sexual assault against {her} took place on the school premises owned
by the Diamond R-IV School District. {She} tried to get away from Jane Doe but lacked the physical capacity to do so.
{She} relied entirely on the adults charged with her care to assure that she was
safe from sexual assault. reported the assault to the teacher in charge, who did nothing in response.
{She} went to the principal’s office on her own accord to report the assault. {Her mother} was never notified by Defendant Diamond R-IV of the assault on her minor
child.
Defendant Diamond R-IV School District owed a duty to {the girl} to ensure that she
enjoyed a safe educational environment to attend middle school, free from harm, and protected
against sexual assault and abuse.
The four-count lawsuit features the claim that the Diamond R-4 School District violated the Missouri Human Rights Act by not protecting the girl.
During the time in which {the girl} attended Diamond Middle School, she was sexually assaulted and subject to unwelcome sexual harassment by a minor female individual, who was also a student at the Defendant Diamond R-IV School District.
{Her} gender, age and her inability to physically protect herself were contributing factors in the unfair treatment she suffered from Defendant during school hours. Defendant Jane Doe, a female student had a history of sexual misconduct that Defendant Diamond R-IV School District knew or should have known about.
Defendant failed to take steps to discipline or otherwise remedy the situation. As a direct and proximate result of Defendant Diamond R-IV School District’s actions and omissions, {The plaintiff} suffered – and continues to suffer – physical and emotional pain, severe emotional distress, humiliation, fear, anguish, distrust of adults, distrust of female-gendered children, loss of enjoyment of life, and permanency of injury, all of which continues to create distress to {the girl} to this date.
Other counts claim negligence by the girl who allegedly committed the assault and her parents and one count of sexual battery against the alleged attacker.
According to the petition, the parents knew their daughter knew or should have known their daughter was "a sexual predator or had a predilection toward inappropriate or deviant sexual behaviors and that she should not be trusted with other children."
The petition asks for actual and compensatory damages and costs from each defendant and for a jury trial.
The girl and her mother are represented by Anna Pace-Johnson of the Joplin firm of Johnson, Vorhees and Martucci.
13 comments:
Is there a way for the public to see who the defendents are?
The defendants are not named in the petition.
No because minors are protected
Unless there were numerous complaints against this perpetrator to the school, how would the school know or "should have known" when underage files are kept confidential? But, once a compliant was made, they should have acted. Unfortunately it was probably a she said/she said situation. Any witnesses? It will be hard to prove, but if they can, they should prevail and staff punished for not stopping this behavior.
This is a terrible event but I wonder why the suspect is behaving in such a way? Aggressive sexual behavior by an 11 year old girl could suggest they have a history of being sexually abused themselves. If the school was aware of this behavior that have a legal responsibility as mandated reporters to report.
Missouri schools failing children. The saddest part is that this isn't anything new.
You don't need to have Multiple Complaints - 5:06AM - All it takes is One - and that should be taken Seriously - and Investigated - and if the School is aware of this behavior they should Report it - as a Protective Measure to Secure them from Potential Liability by any of the Victims - and of course Minors do not need to have their Names brought up or in any Public Forums - Minors should feel Safe and be allowed to come forward and Report any inappropriate behavior without being chastised by the School, Family and Friends of the Perpetrator, or in the Public Domain.
This!!
Money Grab!
Yes I understand that but it said the parents are listed as defendents as well as the school
My children also attended Diamond and was assulted by a school mate and his sister. It was extremely hard to protect my child from them and did most the foot work myself. I guarantee diamond did not tell anyone that this child molested another student. I even turned it in to DFS who never followed up.
My child still carries this trauma.
Ure absolutely ridiculous! I would sue my kids school if they ignored multiple reports of my child saying another student/teacher sexually assaulted them! It's not always bout the money it's bout justice and this school FAILED the victim 100%! I hope you don't have kids or if u do hope they never get hurt like this while supposed to be in a "safe" place bc obviously you wouldn't care to confront them and since it's just bout money according to you that's what matters the most. Lol u sound so stupid
The incompetence of school administrators nowadays is beyond appalling
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