Justice Department sides with 14-year-old girl raped while s

[tres3]

All i have is WtF

Justice Department sides with 14-year-old girl raped while serving as 'bait' in middle school sting
sparkman.jpg
Sparkman Middle School in Toney, Ala.
Print Challen Stephens | [e-mail] By Challen Stephens | [e-mail]
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on September 17, 2014 at 8:21 PM, updated September 18, 2014 at 10:41 AM

HUNTSVILLE, Alabama -- The federal government today sided with the guardian of a teenage girl who was raped during a botched sting operation in the boy's bathroom, arguing the Madison County School system was liable under federal law to investigate harassment and protect female students.

"A school board cannot avoid summary judgment as a matter of law when a school administrator willfully ignores a plan to use a 14-year-old special needs student as bait to catch a student with a known history of sexual and violent misconduct, and as a result, the student is sodomized," reads the federal brief filed in the 11th Circuit Court of Appeals late today.

The U.S. Department of Justice argues administrators at Sparkman Middle School near Huntsville knew the boy was dangerous and showed "deliberate indifference."

"According to Principal (Ronnie) Blair," reads today's brief, "June Simpson, a teacher's aide, reported that for several weeks, (a 16-year-old boy) had repeatedly been trying to get girls into the boys' bathroom and in fact had sex with a student in the bathroom on the special needs students' corridor."

Blair rejected the aide's recommendation that the boy be constantly watched, "and told Simpson that (the boy) could not be punished because he had not been 'caught in the act,' short-hand for the school's policy that students could not be disciplined without substantiation of student-on-student misconduct."

The brief states the teaching assistant then devised a plan to use the girl as bait.

"On January 22, 2010, while assisting custodians near the end of the day, (the 16-year-old boy) approached (the 14-year-old girl), who had already rebuffed his recent, repeated propositions to meet in the boys' bathroom for sex," reads the federal amicus brief filed late today.

"(The girl) immediately reported the incident to Simpson, a teacher's aide, who suggested that (the girl) meet (the boy) in the bathroom where teachers could be positioned to catch him 'in the act' before anything happened. (The girl) initially refused, but then acquiesced."

The federal brief highlights, over several paragraphs, the boy's history of sexual aggression and violence. He hit a student in 2008 and was given in-school suspension. In February of 2009, he was suspended for "sexual harassment." In April of 2009, he received in-school suspension for disrespecting a teacher. In September of 2009, he offered to pay another student to beat up a girl and was suspended.

In October of 2009, he told off the bus driver and touched a girl. He was put off the bus for 10 days and given three days in-school suspension. In November of 2009, he groped a girl on the bus and was suspended from the bus for 24 days. In December, he was suspended two days for "kissing."

It makes a recipient of federal funds, here, the school district, 'liable for [its] deliberate indifference to known acts of peer sexual harassment.'
On Jan. 13, 2010, he got in trouble again for "inappropriate touching" of a female student. "Finding no eyewitnesses to corroborate the victim's accusation, they concluded that (the boy) was not guilty but nonetheless discussed punishment." Administrators assigned him to in-school suspension and clean-up duty. The rape occurred nine days later.

The Justice Department says Simpson had alerted the administration of her plan.

"Simpson and (the girl) then went to Vice-Principal (Jeanne) Dunaway's office, where Simpson told Dunaway about her plan to use (the girl) as bait to catch (the boy). Dunaway did not respond with any advice or directive," reads today's brief.

"(The girl) left Dunaway's office, found (the boy) in the hallway, and agreed to meet him for sex. (The boy) told (the girl) to go to the sixth grade boys' bathroom and she complied. No teachers were in the bathroom to intervene, and (the boy) sodomized (the girl)."

Simpson and Dunaway are among those named in the suit first filed in 2010. The district court allowed some state claims for negligence and wantonness. The district court threw out the federal claims, including those against the Madison County school board. Both sides appealed to Circuit Court.

The Justice Department today argued that the school shredded student discipline records each year, required officials to witness sexual harassment in order to take action, diminished serious incidents in its record-keeping, and had been "closing its eyes" to evident dangers.

The Justice Department argues the girl's guardian should be allowed to sue under Title IX. "It makes a recipient of federal funds, here, the school district, 'liable for [its] deliberate indifference to known acts of peer sexual harassment.'"

Medical evidence confirmed anal tearing and bruising. The girl withdrew from school and moved to another state.

The federal brief argues school officials minimized the incident, listing it in the boy's extensive record as "inappropriate touching." The federal attorneys note one assistant principal, despite seeing photos of the injuries, contended school officials could not know if the girl had consented.

"Vice-Principal Dunaway testified that (the girl) was responsible for herself once she entered the bathroom," wrote federal attorneys.

Following a five-day suspension, the boy was sent to an alternative school, but soon returned to Sparkman Middle, writes the Justice Department.

The brief contends "...a jury could easily conclude that the school acted with deliberate indifference when, despite two sexual misconduct complaints against (the boy) days before he sodomized (the girl), it provided him unsupervised access to students and failed to protect (the girl)."

"In fact, Sparkman's practice of recording unrevealing and misleading descriptions of past incidents, coupled with its failure to maintain any record of unsubstantiated complaints and documentation for proven infractions beyond the current academic year, amounts to intentionally closing its eyes to (the boy's) dangerousness."

[Deleted]

Where is iammalcolmx because no that fucking shitbag principal did not tell the Justice Department that this poor girl was "responsible for herself" after entering a bathroom with a rapey 16 year old at a teacher's directive.

Fuck these people in the face.

[ijack]

ARE YOU FUCKING KIDDING ME???
This may be the worst thing I've ever read. I am raging that anyone would think that this was a good idea. I'd like to find the aid and VP and sodomize them. This is seriously so, so horrible.

[bkseller13]

I'm not a "Sue 'em, sue 'em" type of person, but this school deserves to be shut down, and every adult involved fired, and the boy locked up indefinitely!

[Velar Fricative]

Holy shit.

[AllieHound]

Yeah, I'd have burned shit down in my rage to make the principal and aide pay. Holy shit.

[dawnzersong]

This is absolutely sickening. A lawsuit seems so woefully inadequate in this case, although I hope the girl and her family milk it for all its worth. All of the adults involved in this situation exercised indescribably poor judgment, and that teacher's aide should be in jail.

[meggers5]

The thought of this poor girl, not wanting to do it in the first place, waiting in the bathroom, as things went from bad to worse, for the aide to come to her rescue makes me want to cry and throw up and hit things.

[cjeanette]

So there were there criminal charges brought up against anyone here?? Anyone???

Fuck people.

[blink]

What the fucking hell is wrong with people? Inappropriate touching, baiting, No. Just no. The adults failed at every single step during this whole situation and I hope they are never put in charge of children again.

[Deleted]

See and what I want is a detailing of all of those previous "infractions" this kid was involved in. Because of the school is calling anal rape "inappropriate touching" then I have no fucking faith that that list of disturbing but somewhat minor offenses taken individually weren't more grievous assaults.

The fact that the principal opened up her fucking mouth to say that they couldn't be sure if the girl had consented to anal rape makes me question the so called consensual bathroom sex he was slapped on the wrist for having.

And I have serious doubts that a 16 year old, shitbag though he might be graduates from a little kissing in the back of the bus to anally raping a 14 year old girl in the boy's bathroom in a matter of weeks.

[iammalcolmx]

They fucking use a child was BAIT in a sting against someone known for assault??

I am having a shortness of breath here.

[KateAggie]

Holy FUCK.

[erbear]

I don't even have words for this. I'm sitting here crying for that poor girl and rip roaringly furious at every adult involved in this. Fuck them.

[penguingrrl]

WTF? Holy shit, I hope all the teachers and principal involved in sending this girl to get raped go to jail for it because that's some fucked up shit right there.

[secretlyevil]

Criminal charges at the very least need to be brought against every single adult involved. Every.single.fucking.one of them. I feel like throwing up.

[Deleted]

How are we not at the least charging these fuck faces with child endangerment? I'm pretty sure that's a fucking real charge in all 50 mother fucking states.

[cattledogkisses]

WTF is wrong with every single adult in this situation?!

[Michelle]

Fuck these fucking fucks in the fucking fuckfuck.
cue crazymichelle

If that were my daughter I'd be in jail and at least one motherfucker would be dead.

[eclaires]

All of these people have been fired, and are never allowed to work in education or with children again. If that was my daughter, they would all be dead.

How fucking stupid and negligent do you have to be to set up your own bullshit sting operation with using a 14yo student as bait?!?!?!!?!?!

[twotrue]

Sept 18, 2014 15:05:51 GMT -5 eclaires said:

All of these people have been fired, and are never allowed to work in education or with children again. If that was my daughter, they would all be dead.

How fucking stupid and negligent do you have to be to set up your own bullshit sting operation with using a 14yo student as bait?!?!?!!?!?!

QFT.

[jln]

Every single adult, that POS kid and his parents need to all be locked up. I'm raging. That poor girl!

[borinquen57]

What the fuck kind of idiots are running this school?!? 

[redwino]

What the fuck?!!?! This is the craziest shit I've ever heard. How fucked in the head are you to think this is a good idea!

[tictac]

Oh, FUCK NO.

Every single adult involved here needs to be in jail.

That poor girl, I just want to cry for her.

[munkii]

So, most are still working at the school and, apparently, are surprised this is even still an issue.

www.al.com/news/huntsville/index.ssf/2014/09/sparkman_middle_rape_case.html


HUNTSVILLE, Alabama -- All of the school administrators that the Justice Department has accused of "deliberate indifference" leading up to the 2010 rape of a 14-year-old girl at Sparkman Middle School remain in their jobs – and one assistant principal has since been promoted.

Ronnie Blair, who ran unsuccessfully earlier this year for Madison County superintendent, remains principal of Sparkman Middle and Teresa Terrell remains his assistant principal. Former Sparkman assistant principal Jeanne Dunaway has since been named principal of Madison County Elementary School.

A teacher's aide involved in the case, June Simpson, was placed on leave after the incident and later resigned, according to court records.

[Related story: Justice Department sides with 14-year-old girl raped while serving as 'bait' in middle school sting]

The school district issued a statement this afternoon saying that its attorneys recommended that officials remain silent about the pending litigation.

"The attorneys for the Board of Education and school officials are confident that the 11th Circuit Court of Appeals will rule in favor of the board and the administrators," the statement said.

Blair also declined to comment this morning.

"As you are aware, I cannot comment now, but look forward to an opportunity in the future," Blair told AL.com.

He had a little more to say in September 2010, when the girl's father first filed the federal lawsuit against Blair, Terrell, Dunaway, teacher's aide June Simpson, the 16-year-old male student and the Madison County school board.

"It's a sad situation," Blair said in 2010. "At the same time, I feel very comfortable with the way the situation was handled. That's about all I can say."

School board member Mary Louise Stowe also declined to say much about the latest developments, but did say the board would likely be discussing them behind closed doors at its regularly scheduled meeting this evening.

"To tell you the truth, we're kind of taken by surprise by this," Stowe said. "We thought this was pretty much put to rest already."

The district court did throw out the federal claims made in the lawsuit, but allowed state claims for negligence and wantonness to go forward. Both sides in the case appealed that decision to the 11th Circuit Court of Appeals.

It is the Court of Appeals to which the Justice Department has weighed in on the case, which stems from a January 2010 plan crafted by Simpson to "catch in the act" the boy, a special needs student who had been sexually harassing girls at the school over a period of several weeks.

Click here to see the Justice Department's federal brief filed Thursday.

Despite the boy's history of violence and sexual harassment, Simpson told the 14-year-old victim, also a special needs student, to go into the bathroom with him so she could catch him harassing the girl. When she failed to follow the teens into the restroom, the boy sodomized the girl.

Blair and the two assistant principals were named in the lawsuit because Simpson had told Dunaway about her plan beforehand.

"Simpson and (the girl) then went to Vice-Principal (Jeanne) Dunaway's office, where Simpson told Dunaway about her plan to use (the girl) as bait to catch (the boy)," the Justice Department brief states. "Dunaway did not respond with any advice or directive.

"(The girl) left Dunaway's office, found (the boy) in the hallway, and agreed to meet him for sex. (The boy) told (the girl) to go to the sixth grade boys' bathroom and she complied. No teachers were in the bathroom to intervene, and (the boy) sodomized (the girl)."

The brief also states that Blair, when Simpson first reported to administrators the boy's behavior toward female students, rejected the aide's recommendation that the boy be under constant supervision, telling Simpson "that (the boy) could not be punished because he had not been 'caught in the act,' short-hand for the school's policy that students could not be disciplined without substantiation of student-on-student misconduct."

The brief also points out that administrators minimized the assault after the fact by listing it as "inappropriate touching" in the boy's file. The federal attorneys note that one assistant principal, upon seeing photos of the injuries, contended that school officials could not know if the sex had been non-consensual.

"Vice-Principal Dunaway testified that (the girl) was responsible for herself once she entered the bathroom," the brief states.

The National Women's Law Center also on Thursday filed a brief supporting the 14-year-old victim, who left the school district after the rape and now lives in another state. In a press release issued today, the law center cited the "outrageous response" by the Madison County Board of Education and school officials.

Updated at 1:55 p.m. with statement from school district.

[mominatrix]

there is so much fucking wrong with this, I can't even stand it.


Like, part of my job used to be Title IX enforcement type stuff and I've NEVER EVER heard of anything so awful and blatant. Fifteen years doing that kind of work, I thought I'd seen it all.

Fuck.

so so much has already been said, and I just want to agree with everybody... but am I the only one who noticed that the school (district???) had a policy that they'd not punish for sexual harassment unless there was a corroborating witness???!?!?!? Like, WHAT the EVERLOVING FUCK?  

If you needed corroborating witness testimony for every sexual harassment case, well, there'd be a lot fewer cases.

The reality is that perpetrators (often) know better than to do stuff in front of others. You are allowed to judge truthfulness based on demeanor and the veracity of other testimony.  

That's one of the most fucked up policies I've ever heard of, in any school or employer. Again, that's fucking saying something.




I can't even find a GIF that accurately surmises the WTF face I have over that.  
Where are we? In some weird hinterland where it takes the testimony of three women to equal that of one man???

[secretlyevil]

The fuck to the second article?

[tictac]

Sept 18, 2014 19:24:33 GMT -5 secretlyevil said:

The fuck to the second article?

"Omigod, I can't believe people are STILL talking about that time we sent a girl into the bathroom to get raped. She doesn't even go here anymore, get over it!"

[secretlyevil]

Sept 18, 2014 19:31:03 GMT -5 tictac said:

Sept 18, 2014 19:24:33 GMT -5 secretlyevil said:

The fuck to the second article?

"Omigod, I can't believe people are STILL talking about that time we sent a girl into the bathroom to get raped. She doesn't even go here anymore, get over it!"

I wouldn't mind seeing these people dead.