HAMILTON COUNTY, Ind. — A lawsuit filed against Hamilton Southeastern Schools claims a junior high student with special needs was repeatedly raped in a bathroom by a fellow student last year and that school staff did nothing to intervene or stop it.
Attorneys representing the family of a 13-year-old boy with intellectual disabilities alleged in a lawsuit filed Tuesday that the child was forced over 10 times to perform sex acts on another student in the bathroom of an HSE junior high school between August 2023 and January 2024.
The child, identified in the lawsuit under the pseudonym "James," is an HSE student who has autism, a language impairment and an intellectual disability that qualifies for special education in Indiana's public school system. He is also protected under the Americans with Disabilities Act.
Attorneys representing James' family allege in the lawsuit that several employees with the Hamilton Southeastern School Corporation and the district as a whole failed to protect the student and did not take proper action after being notified of alleged rapes.
While attending a junior high school within HSE during the 2023-24 school year, attorneys say James was sexually assaulted and raped on multiple occasions by a student not in his special needs classes. The rapes allegedly occurred all while the 7th grader was under staff supervision.
James' parents became suspicious that something had happened to their son in November 2023 after he began showing school-based anxiety. He reportedly began asking his parents about AIDS and questioned them about what rape was.
Around Feb. 2, 2024, James' parents were contacted by HSE officials and counselors several times regarding "concerning behavior from another student toward James." When the parents asked their son about the incident, James became "very anxious and upset" and went silent.
After a meeting at the school about a field trip around a week later, James reportedly pointed to a school bathroom and told his dad that "that is where he was raped and forced to have sex." Later that night, James told his parents he had been "forcefully sexually assaulted" at school.
The lawsuit says James was forced to perform oral sex on another student on repeated occasions. He described choking, not being able to breathe and experiencing intense shame, fear and worry about being in trouble.
James also told his parents that the student had threatened him not to tell anyone what had happened in the bathroom. The student also reportedly added his phone number to James' phone under the contact name "Daddy [boy's initial]."
The lawsuit says James' parents went to the school the next morning and asked to talk with Principal Crystal Thorpe, but that she "refused to speak" even when told about the alleged abuse. Eventually, the lawsuit claims a vice principal "reluctantly" agreed to talk.
"After the parents explained the situation, the Vice Principal merely asked the parents what they
would like him to do about the situation," the lawsuit claims. "He did not present them with options or lay out a plan of action."
After this, the parents went to the police to report the rapes and then sought medical, psychiatric and psychological help for James. The lawsuit says attorneys representing the parents then demanded to see all school documents relating to James.
While reviewing the documents, the parents discovered that the sexual abuse started back in August 2023 and continued for over five months. School documents indicated that, on at least 11 occasions, messages were sent to James on his iPad demanding he come to the bathroom.
Further investigation showed that sometime between Jan. 31 and Feb. 7, the school filed what attorneys call an "inadequate and incorrect" report with Child Services about the abuse that "did not capture the full extent of the ongoing sexual abuse."
"Even after this occurred and his sexual assaults and rapes were reported, the parents disturbingly learned that the dangerous perpetrator was still in school and that the school had taken no steps to remove [him] from the school environment."
During subsequent visits with therapists and medical specialists, James' parents were told that their child now suffers from depression, anxiety and PTSD related to the abuse. Lawyers say he has since made comments about killing himself and asked if it was his fault. Reports state James will need extensive therapy and care for "possibly the rest of his life."
The lawsuit filed Tuesday lists Hamilton Southeastern School Corporation as a defendant. Also named in the suit are:
- Superintendent Patrick Mapes,
- Principal Crystal Thorpe,
- Assistant Principal Tige Butts,
- Teacher Helen Estep,
- Title IX Coordinator Jimmie Lake, and
- Guidance Counselor Basel Maarouf.
While the lawsuit does not specifically name which school the alleged abuse occurred at, records indicate that Crystal Thorpe was serving as Principal of Fishers Junior High School during the 2023-24 school year.
The lawsuit ends by requesting relief in the form of judgments against all defendants, damages to compensate for losses, legal costs and more. James and his family are represented by attorneys Tammy J. Meyer and Catherine M. Michael.
"No parent should ever have to find out that their child was abused at school," Meyer said in a statement Tuesday. "This is a compulsory system; we entrust our children to these institutions every day. The fact that this happened under their watch is inexcusable."
HSE officials provided the following statement on Tuesday afternoon regarding the suit:
"We are aware of the recent lawsuit and take such matters very seriously. While we are currently unable to discuss the specifics of the case due to its sensitive and ongoing nature, we are fully committed to cooperating with the legal process.
When these allegations were brought to our attention, we took appropriate action to ensure a safe learning environment. Our top priority is the safety and well-being of every student entrusted to our care."