Student with special needs allegedly sexually assaulted, raped at Hamilton Southeastern Schools; parents file lawsuit

INDIANAPOLIS — The parents of a student with special needs who was allegedly sexually assaulted and raped atThe family's attorneys say the unnamed 13-year-old student, referred to as"James" throughout the lawsuit, has autism, a language impairment and an intellectual disability.

On Jan. 31, 2024, the lawsuit claims James' parents received a voicemail from the school counselor saying that there had been an"incident" at the school but didn't say that it was urgent or involved James' safety. The parents called the school five times on Feb. 1 and 2. James told that student that he had been in the bathroom and a student in another class had allegedly shown him his penis and asked him to suck it. The special education student reported the incident to the teacher.

Court documents claim the parents went to the school the next day to see the principal and the principal refused to speak with them. After the parents told the administration that they wouldn't leave the school until they spoke with someone, the lawsuit claims the vice principal"reluctantly" agreed to meet with them.

"Since the abuse, James has frequently made comments about killing himself, and he has asked family members if this means he 'would do this to other people,' or if it was his fault," the lawsuit said. "Schools have a fundamental responsibility to ensure the safety and well-being of all children, particularly those who are most vulnerable due to intellectual disabilities, autism, and speech impairments," another one of the family's attorneys, Catherine Michael, said.

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