girl gang raped at school..should school be held liable??

Tah - posted on 10/04/2011 ( 18 moms have responded )

7,412

22

351

A family in West Virginia has filed a lawsuit against the Mount Hope Middle School after their 13-year-old daughter was allegedly gang raped after school. They claim the brutal assault would not have happened had the staff not been so rigid with school rules.

The girl, indentified only by the initials B.E., claims that the Fayette County school board, the state Department of Education and school officials did not provide enough supervision around the school, the Charleston Gazette reported.

According to court documents, the girl had to stay after school to collect uniforms for her school cheerleading squad from the coach, Linda Nevi.

Nevi allegedly took longer than anticipated to gather the uniforms, which forced the girl to miss her regular school bus.

After realizing this, B.E. went to the school's office and asked to use the school phone to call her parents and secure a ride home. School employees in the office allegedly refused her request, so she went outside the gymnasium to use a friend's cell phone. B.E. called her parents from the borrowed phone to tell them she would ride home with her friend's parents when they came to pick him up after basketball practice.

Hoping to wait in the office, the girl went back to the room to find it closed, and the staff gone.

After returning to the gymnasium to wait inside for her ride, Bo Morrison, the basketball coach, allegedly told the girl that she was not allowed to wait inside during practice.


From here, the lawsuit's descriptions takes a terrifying turn:

"While sitting outside the gymnasium, Plaintiff B.E. was confronted by various male Mount Hope High School student athletes; The student athletes forced Plaintiff B.E. to a room commonly used by students at Mount Hope High School to engage in sexual acts; In this room, the student athletes raped and physically and sexually assaulted Plaintiff B.E. while another female juvenile was present."
When the assault ended, B.E. returned to the gymnasium with the female juvenile to wait for the friend she was originally going to ride home with and his parents.

The Courthouse News Service reports that B.E. has not been able to return to her classes due to the "threatening" and "humiliating" environment and has enrolled in another school district.

The family's lawsuit seeks a court order that would force the school to impose policies to protect students and "compensatory and punitive damages for negligent supervision, negligence, willful, wanton and reckless conduct, intentional and reckless infliction of emotional distress, negligent infliction of emotional distress, and violation of Title IX."

See the official court documents here:

MOST HELPFUL POSTS

Tah - posted on 10/05/2011

7,412

22

351

i get what you are saying amy but thats the way it works when you have an instituition or a business. if i mess up they will sue me and the hospital. What policies are in place to protect children when they do miss their bus?..why wasnt she able to use the phone in the office? why did the cheer coach not stay with her until she had a ride?? what holding the school liable does is makes sure that a)policy to protect children is put into place or b)if there is it makes sure that it is followed. If the school is held accountable its less likely to happen again because they will ride their staff like a bronco to ensure it doesn't and if it saves one little girls innocence then its worth it.

Now if she was walking to class and was pulled into a closet during school hours, well that to me is a horse of a different color and comes with its own set of questions. The fact is she was there after school, the coach made her miss her bus, she was turned from anywhere that had any adult supervision..can i use the phone...NO..go string up 2 cans and see if your mom can hear you. Can i sit here and wait for my ride where there are actual people..nope...we are throwing a ball..beat it...i think they should be help accountable.

[deleted account]

OF course they are liable. And I think the whole school should be held accountable. They should have stricter supervision seeing as she was only 13yrs old. Someone at the school must know about this room and they need to do something about it. If this had happened to my daughter you had better believe I would bring everybody down!

Jane - posted on 10/05/2011

2,390

262

484

The school should be held responsible because they failed to see what the outcome would be of a combination of policies that the administration enacted. Each teacher was following policy, but no one ever sat down and said "what if." Because the school is "in loco parentis" (and because this student is a bus student) the administration needs to have done that but failed.

Tah - posted on 10/05/2011

7,412

22

351

o and dont even get me started on what needs to happen to those little bastards..i would gladly take the child abuse charge for whipping their little tails for violating my daughter...but the article was about the school. so i tried to focus there but they should absolutely be held accountable and put in juvenile detention

If you see this, leave this form field blank.
Powered by RESPECT not THUMPS

18 Comments

View replies by

J - posted on 12/15/2013

15

0

0

School should be held liable. They did little to educate the boys on rape. Girls are commonly taught how to prevent it. On some school days girls go to seminars. Why not they boys? They need to be taught it is WRONG not teach the girls it'll probably happen

Donna - posted on 10/17/2011

657

16

38

i agree. Tell me there were no staff around? Yet at the same time I think theres more to the story than whats being reported.

Nikki - posted on 10/15/2011

5,263

41

554

That poor girl, what an awful thing. The are definitely liable, they have a duty of care to protect the students in their care and on their property.

Kelina - posted on 10/14/2011

2,018

9

229

all i can say is that cheer coach is a moron. Any adult worth their salt and i don't care whether they are a parent or not should have asked how she was getting home when they were finished. If she'd said she needed to call her parents, she should have accompanied her to the office, and then made sure she had a safe place to wait, or waited with her until she was able to go home. I don't care if it's not school hours. And people watch basketball practice all the time, i don't see why she shouldn't have been able to wait in the gym, ESPECIALLY if she was going home with one of the players. That's just dumb.

Jenn - posted on 10/07/2011

675

1

47

Absodamntutely the school has some responsibility!! Staff should not leave campus until ALL children have left first! They were aware that the girl missed her bus and should have made sure that she was able to find a ride home. 13 years old is still very young and very vulnerable. I agree that the child's teacher should also be held responsible for making certain the child who stayed late for her thus missing the bus, was kept safe and accounted for until a ride arrived.

Barb - posted on 10/06/2011

3,372

15

196

I see what you are saying Amy. I don't think anyone here is saying the kids themselves shouldn't be held accountable, but the school should also be held accountable for their actions as well.

Once again the school has shown they protect their own interests over those of the students, and something needs to happen or this will never change, bullying will never stop and a productive learning environment will never be achieved.

Yes, i know, this is after school, what productive learning environment? I'm saying their "cover our asses first" policy making creates an environment that is obstructing productive learning. The kids feel like no one has their back so they spend their time protecting themselves instead of spending time learning.

[deleted account]

Thats crazy, insain and plan down right dirty! I know the school will say it was after hours and therefore she was not their charge, but this is unacceptable! If she was sitting there quietly in the gym during practice then she shouldnt have been kicked out! SHAME! What was she going to do tell their competitors all their game moves WTH! And I so agree Tah I would go to jail in a heartbeat to knock those kids down to size! Bullying is out of control!

Stifler's - posted on 10/05/2011

15,141

154

597

It's because they are minors too and the school is responsible for supervising them. Not that the people who raped her have no responsibility in the situation, they should all be charged though.

Amy - posted on 10/05/2011

4,793

17

369

i don't get how the school collectively is liable. Not all the teachers were involved, but all will be affected.

The teachers/staff involved and the boys who did the act should be nailed to the wall and....grrrr. it is people and not an institution to blame. that's like saying...oh, one of you was bad, so let's all get in trouble and the people whose fault it really is goes on thinking "ha ha, wasn't me, was ALL of us". Like saying "someone" did this but never pointing out and saying YOU - YOU DID THIS.

This could happen in any school at any time. Shoved into the boys bathroom and raped. Stuck inside play equip and raped. Pushed in a broom closet/sport closet and raped.

Teachers should have been more helpful and more willing to protect, but they didn't rape the girl. those boys did. but why didn't the cheer coach just stay with her because she caused her to miss the bus? or offer her a ride home? I mean, it was due to her being late that the girl didn't catch bus. and right when girl didn't catch bus, i thought schools HAD to call parents to come collect them.

What is title 9?

Stifler's - posted on 10/04/2011

15,141

154

597

They are totally liable. Students shouldn't be held back from going on their bus liek wtf and then denied a phone call.

Barb - posted on 10/04/2011

3,372

15

196

Oh this is so heartbreaking and horrible to read.. that poor girl!

Absolutely the school should be held accountable and should be responsible for any students that are on their campus if there are activities going on at that time.

Tah - posted on 10/04/2011

7,412

22

351

i also think they have blame in this as the teacher is the reason she missed her bus in the first place. dont tell my child to meet you directly after class and then you are late and leave it up to her to find her ride home. She should have been supervised with them knowing she was still on school property. they were just in a hurry to go home. she cant use the phone...excuse me??

Jane - posted on 10/04/2011

2,390

262

484

Yup, the school is indeed liable. It was on school property and some staff were still present and in fact forced her outside where there were unsupervised students.

If you see this, leave this form field blank.
Powered by RESPECT not THUMPS

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms