HSE student with disability was repeatedly sexually assaulted, district did not react

A 13-year-old student with an intellectual disability at a Hamilton Southeastern University school was repeatedly sexually abused by another student without any response from the school administration, according to a new lawsuit.

The boy was sexually abused more than once, including rape, from the beginning of last school year until the end of January.

The boy told his parents that he had been forced to have sex by another student in a bathroom at his middle school, according to the lawsuit filed Monday in Hamilton County Superior Court. The boy eventually showed his father the bathroom where he was allegedly sexually assaulted and threatened by the other student.

Emily Pace Abbotts, the district’s spokeswoman, said in a statement that the district is aware of the lawsuit and takes it seriously. She added that HSE is cooperating with the legal process and declined to comment further or discuss details of the case because of its sensitivity.

Neither the boy nor the student who allegedly sexually abused him were named in the lawsuit. The accused student was not in his special education class.

The boy is autistic and suffers from a speech impediment and other cognitive impairments. He has great difficulty “communicating with others and advocating for himself,” the lawsuit states.

The boy’s parents filed the lawsuit, which names the district’s highest-ranking administrators, including Superintendent Pat Mapes, who was hired in February, and Crystal Thorpe, the school’s principal. Thorpe has resigned from her post, according to district personnel reports.

The lawsuit alleges that the boy began exhibiting school-related anxiety in late 2023. He asked his parents questions about sexual assault and sexually transmitted diseases, particularly AIDS, because he believed he had the disease.

He asked again about the sexual abuse, whereupon his parents explained to him the full definition of rape.

In early February, the boy told another student about his forced interactions and said he needed help. That classmate told his teacher, who is also named in the lawsuit.

The school counselor then emailed and called the student’s parents to report an incident in which their son had been forced to go to the bathroom by another student and had engaged in “inappropriate behavior.” He told his classmate that it was forced oral sex.

His parents then went to the school and demanded to speak to the principal, but he refused to see them, the lawsuit says. They spoke to the assistant principal, who then asked them what they wanted to do but did not provide a plan.

“When these allegations were brought to our attention, we took appropriate action to ensure a safe learning environment,” HSE spokeswoman Pace Abbotts wrote in a statement. “Our top priority is the safety and wellbeing of every student entrusted to our care.”

The victim’s family claimed otherwise in the lawsuit.

They reported their son’s allegations to the police and contacted Child Protective Services after being informed that his school had not submitted an accurate report to the state agency.

The school failed to investigate the reported sexual abuse, failed to promptly interview teachers, students and others, and failed to review and preserve documents, including emails and video recordings that could shed light on the abuse, the lawsuit says.

The boy’s mental health suffered as a result of the abuse, the lawsuit says. His family is therefore demanding compensation.

The lawsuit states that because of the abuse, his parents had to answer questions from their son such as: “Was it my fault?”

Rachel Fradette is the WFYI Statehouse education reporter. Reach Rachel at [email protected].