Parents of an Academy School District 20 student have filed a federal lawsuit against the district, alleging they failed to respond to a student who sexually assaulted their daughter while both were attending Woodmen-Roberts Elementary.

In the lawsuit filed in U.S. District Court, the parents claim that a school employee failed to stop or prevent the assault and that school administration failed to properly notify them and law enforcement afterwards.

According to court documents, on Jan. 25, 2022, a male student who had a reputation for sexually harassing other female students had allegedly groped the plaintiffs’ daughter’s breasts in front of their class.

The lawsuit claims the only adult present at this time was a lunch monitor who was looking at their phone and took no action at the time of the alleged assault. Immediately afterward, the male student openly bragged to other classmates about getting “the full package” while the female student reported the incident to their teacher, who then brought her to school administration.

The student relayed what she had told her teacher to Woodmen-Roberts Elementary’s principal, vice principal and other administrators. Her parents were then notified of the incident hours later via a message stating there was an incident at the school.

“No urgency. No request to meet with them. No details. It wasn’t until they collected the minor child from school and she got home and told them that knew anything about ‘the incident,'” the parents’ attorney Melissa Rueschhoff told the Gazette. 

The documents note that the Colorado Springs Police Department was only informed by school officials after insistence by the parents.

Police then investigated the incident later that day, and the male student and other classmates corroborated what was reported by the female student. The incident was also captured on video in the school. The male student was later charged with two criminal counts by police that included unlawful sexual conduct.

The plaintiff’s daughter stayed out of school for two weeks, since no action was taken by the school to separate the students following the incident.

Rueschhoff later negotiated with general counsel for D-20 to implement parameters and keep them separate, but the female student ultimately decided to change school districts.

“This child was outgoing, preppy, a state ranked swimmer, etc. This incident was so traumatic for her that she became introverted, almost recluse, began dressing in oversized, baggy clothing, and refused to swim,” Rueschhoff wrote in an email. “Fortunately, she has left the school and the district altogether, and continued to receive counseling and support services.”

The parents are seeking damages for financial loss, physical harm, humiliation, mental anguish and emotional distress for Academy D-20’s violation of Title IX. They claim that violations come from allowing the assault to occur, despite the students’ known tendencies, failing to conduct their own investigation following the student’s report and failing to conduct any follow-up actions to ensure student safety. 

No Academy D-20 administrators nor Woodmen-Roberts Elementary faculty have commented on the incident nor the lawsuit, but a public statement was released by the district in response to inquiries on the case.

“The district takes reports of this nature extremely seriously. Consistent with district policy and procedures, the district takes appropriate actions to investigate and address any report, terminate unwelcome behavior, ensure it does not recur, and prevent retaliation at any school promptly and impartially,” the statement read.

“We are committed to maintaining the integrity of the legal process and respectfully decline to provide further comment. Thank you for your understanding.”

A trial date has not been set for the suit.

Parents of an Academy School District 20 student have filed a federal lawsuit, alleging the district failed to respond when a student sexually assaulted their daughter.

the Gazette file