Parents file lawsuit against Upstate school district over classroom sexual assault

BOILING SPRINGS, S.C. (WSPA) – Two mothers have filed lawsuits against an upstate school district alleging their children were sexually abused in the classroom.

The lawsuits were filed on June 6, 2022 against Spartanburg County Second School District.

The lawsuit alleged that two students were sexually assaulted by another classmate in the computer lab at Shoally Creek Elementary School on November 5, 2021.

One of the parents emailed the then-principal, guidance counselor and teacher and told him that the two students had been sexually abused.

The teacher responded that although the children had informed her that a student was not allowed to keep his hands to himself, she had no idea that he had touched her private parts.

The lawsuits say the principal and guidance counselor did not respond.

It also said that the teacher went on maternity leave on February 2, 2022.

On February 3, 2022, a substitute teacher took over the classroom.

On February 8, 2022, the same student and another student held a pencil near their crotch and stroked the pencil in a sexually suggestive manner while looking at the children.

The next day the parents had a conference call with the principal. She told parents that she would “take appropriate action to put an end to the sexual assault and disruptive behavior in the classroom.”

On March 1, 2022, the lawsuit alleged that another student sexually abused one of the plaintiff’s children by grabbing his private parts on the playground.

The mother reported the incident to the substitute teacher.

After that incident, the child was assigned a seat next to or near three of the students accused of sexual assault.

After the reassigned seats were allocated, one of the students “continuously sexually abused” the child by grabbing her private parts.

Based on this information, the substitute teacher resigned on March 11, 2022.

The lawsuit stated that on March 14, 2022, another substitute teacher took over the classroom.

On March 22, 2022, the mother learned that her child was sitting at a table with these three students and sent an email to the school principal requesting that her child be seated some distance away from them.

The principal replied, “Yes, done.”

On March 23, 2023, the child was taken to the doctor, who recommended that he no longer attend Shoally Creek Elementary School.

After this information was made public, the second substitute teacher resigned.

The director of education for Spartanburg County School District Two confirmed that some assaults have been documented in the school system.

The mother requested that her son be transferred to another school in the district.

The lawsuit said the application was never accepted.

According to the documents, the principal resigned from her position at the end of the 2022-2023 school year.

The following statement comes from the children’s advocates:
I am proud to represent these boys and their mothers. District 2 and Shoally Creek administration knew that certain students were behaving inappropriately and posing a danger to other students, but chose not to do anything about it. Children should be safe in school, and that wasn’t the case for my clients.

Tyler Rody Law Office

7NEWS reached out to Spartanburg County School District Two for comment but did not receive one.

Tyler Rody’s law firm said it will go to trial in September.