KJ McElrath  |  May 29, 2019

Category: Legal News

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Girls walking in schoolThe latest sexual abuse scandal in the news centers on the NYC Department of Education’s failure to protect vulnerable students from sexual assault. A federal lawsuit has been filed on behalf of four girls between the ages of 11 and 18, all of whom suffer from disabilities.

According to the New York Post, the complaint alleges that New York City’s Department of Education (DOE) ignored reports of sexual assault, failed to investigate the reports and did nothing to help the victims after the incidents took place.

One Victim Suffered From Autism

According to the complaint, one of the girls listed in the complaint was a 14-year-old eighth grader who had been subject to increasing sexual harassment by her attacker for some time before he raped her in a stairwell at their school. Following the attack, which took place in September of 2018, the victim told three school personnel as well as her mother – but no action was taken.

Blaming the Victim, Minimizing the Incident

One of the more egregious aspects to sexual abuse scandals such as this is when those who should be protecting and advocating for the victim instead attempts to put responsibility for the attack on the victim.

This is apparently the case for an 11-year-old girl, whom the lawsuit claims was raped in a shed by an older boy from her school the previous summer. The girl’s mother reported the attack to school administrators, who demanded to know why a girl that age was with the boy in the first place – which plaintiffs’ counsel amounted to “implying that she was partly to blame” for the assault.

There is also the “boys will be boys” attitude of dismissal that some are known to take. A 13-year-old girl who was subject to constant sexual harassment by a classmate and had to fight off his advances repeatedly finally complained to the assistant dean. The complaint says he dismissed her fears, telling her, “Oh, he just likes you.”

Punishing the Victim

The 18-year-old victim alleges she was groped by a female classmate in September of 2018, who later attacked her. Plaintiff’s counsel says that when her client reported the attack to school administrators, she was the one who wound up being punished with a 20 day suspension.

Attempts to Cover Up a Sexual Abuse Scandal?

As is the case in school districts across the country, the New York City DOE has “mandatory reporter” laws, and requires that any incident of student-on-student assault be reported right away.

A spokesperson for the DOE confirms that “There is absolutely zero tolerance for any sexual misconduct Any allegation must be reported, investigated and addressed, and this work is a shared responsibility of all DOE staff.”

A Growing Problem?

According to the New York State Information and Reporting Services, sexual harassment and assault at New York City’s public schools has been rising in the last few years. Law enforcement notes that the increase may be due to greater awareness and reporting, however.

The lawsuit is seeking unspecified monetary damages for the plaintiffs and demanding that the DOE take more aggressive action against sexual assault in the future.

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