Special needs student allegedly raped at school in Indiana

INDIANAPOLIS – The parents of a special needs student who was allegedly sexually assaulted and raped at Hamilton Southeastern Schools filed a lawsuit Tuesday.

The family’s lawyers say the unnamed 13-year-old student, referred to as “James” throughout the lawsuit, has autism, a speech impediment and an intellectual disability.

Because of the severity of his disability, James was placed in a completely self-contained special education class at a Hamilton Southeastern School Corporation middle school. Lawyers say his parents were told he would receive “a high level of supervision, care and support.”

In February 2024, it was revealed that James had been sexually assaulted and raped several times by another student in the school bathroom from August 2023 to January 2024.

WARNING: This story contains graphic content that may be difficult to read.

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On Jan. 31, 2024, according to the lawsuit, James’ parents received a voicemail from the school counselor stating that there had been an “incident” at school, but did not say it was an urgent incident or concerned James’ safety. The parents called the school five times on Feb. 1 and 2.

On February 2, 2024, the lawsuit states, the school counselor sent James’ parents an email saying his teacher “learned of another student’s concerning behavior toward (James) and brought (James) to the (school counselor) earlier that week. (James) informed (the school counselor) that there is a student who has asked to meet him in the restroom and is demanding inappropriate behavior from (James). (James) advised that this had happened three times last semester and not since. (James) said that every time the other student asks to meet him in the restroom, (James) simply avoids the situation and runs away.”

According to the lawsuit, after sending the email, the school counselor called James’ parents and told them that James had confided in another special education student in his class and told them he needed help.

James told the student that he was in the bathroom and a student from another class allegedly showed him his penis and asked him to suck it. The special education student reported the incident to the teacher.

Later that day, February 2, 2024, according to the lawsuit, James’ parents tried to ask him what happened at school, but he “became very anxious and upset, remained silent, and did not provide any further information.”

Four days later, the lawsuit says, James’ parents were leaving school after discussing a field trip when James pointed to the school bathroom and told his father that he had been raped and forced to have sex there by another student who was not in his special education class.

The student allegedly threatened James not to tell anyone what happened in the bathroom.

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The complaint states that between August 28, 2023, and January 25, 2024, messages were sent to James on his iPad at least 11 times, asking him to come to a restroom at school. These messages were marked “Permitted Student Communications” and were intended to be monitored by the school given James’ special needs. They were sent through the school’s applications and through school email.

According to court documents, the parents went to the school the next day to meet with the principal, and the principal refused to speak with them. After the parents told the school administration that they would not leave the school until they spoke to someone, the assistant principal “reluctantly” agreed to meet with them, according to the lawsuit.

The documents state that between January 31 and February 7, the school filed an “inadequate and false DCS report of James’ abuse that did not capture the full extent of the ongoing sexual abuse the child was subjected to over months at school.”

After leaving school on February 7, 2024, the parents went to the police station and reported James’ rape and sexual abuse, according to the lawsuit. The parents also contacted DCS and told the school they had contacted the police.

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The lawsuit alleges that James suffers from depression, anxiety and post-traumatic stress disorder as a result of the abuse and that his parents sought medical, psychiatric and psychological help for him.

“Since the abuse, James has frequently made statements about committing suicide, and he has asked family members if that meant he ‘would do that to other people’ or if it was his fault,” the lawsuit states.

After all of this, according to the lawsuit, the parents discovered that the perpetrator was still at the school and the school had taken “no steps” to expel the student.

“No parent should ever have to know that their child was abused at school,” said Tammy Meyer, one of the family’s attorneys. “This is a coercive system; we entrust our children to these institutions every day. The fact that this happened on their watch is inexcusable.”

“Schools have a fundamental responsibility to ensure the safety and well-being of all children, especially those who are most vulnerable due to intellectual disabilities, autism and speech disorders,” said Catherine Michael, another attorney for the family.

“The trauma James and his family have endured is immeasurable,” Meyer said. “It is imperative that schools take proactive steps to prevent incidents like this from happening again and ensure that no other family has to experience this nightmare.”

Through their attorneys, James’ family is demanding accountability and significant changes at Hamilton Southeastern Schools and all school systems in Indiana to prevent this from ever happening again. They are also asking the school district to review its safety protocols. The family is seeking damages, litigation costs and any other relief the court deems appropriate.

The school district sent a statement to 13News, saying: “We are aware of the recent lawsuit and take such matters very seriously. While we are unable to discuss the specifics of the case at this time due to the sensitivity and ongoing nature of the proceedings, we are fully committed to cooperating with the legal process. When these allegations were brought to our attention, we took appropriate steps to ensure a safe learning environment. Our top priority is the safety and well-being of every student entrusted to our care.”

13News asked Fishers Police if they had investigated the incident. Police responded to 13News by saying: “This case was investigated by the FPD and forwarded to the Hamilton County District Attorney’s Office.”