Blowing off steam

According to the complaint, in 2010 the victim was sexually assaulted by a star player on the school’s basketball team. The assault took place on campus in a sound proof band room at Forest Hills Central High School. The victim notified a teacher who in turn reported the assault to the principal. But rather than open an investigation into the allegations, the principal discouraged the student and her parents from filing charges, telling them that doing so could ruin the assailant’s prospects at being recruited to play basketball for a Division 1 school.

The victim and her parents ignored the principal’s request not to file charges because they were concerned that this student might attack other girls. Instead, the student and her parents filed a police report, and the Kent County Sheriff’s Department began a criminal investigation. Meanwhile, the school did nothing.

As alleged in the complaint, two weeks later another female student was sexually assaulted by the same attacker. Despite a legal obligation under Title IX to investigate the assault and protect the student, the high school officials never interviewed the girl or her parents again, failed to conduct an investigation, and for two and a half weeks left the attacker in one of her classes.

It gets worse. As word of the sexual assault spread among the student body, the female victim became the target of an intensive cyber-bullying and harassment campaign—both at school and online—that depicted her as a liar and a “whore” who was trying to bring down an innocent athlete. These cyber-attacks were only reinforced by the fact that the school continued to take no action to reprimand the male student. Not only did fellow students harass the victim, the attacker and his friends verbally and physically harassed the girl as well. They followed her around as she moved in and out of classrooms, through hallways, and around the school campus. The attacker sometimes pushed her into other students as she walked down the hallway, causing her to slam into lockers. Despite repeated efforts by the victim’s parents and other students to alert the principal and the school’s Title IX Coordinator about the viciousness of the harassment by the attacker and other students, school administrators took no action.

Thankfully law enforcement did. Five weeks after the sexual assault, the Kent County Prosecutor’s office authorized two felony counts of criminal sexual conduct against the attacker for his assaults on NWLC’s client and the second female victim at the school. The attacker later pled guilty to a single count of misdemeanor assault and battery. He was sentenced to attend Kent County’s Adolescent Sexual Offender Treatment Program for a second time. The only sanction the school imposed upon the student assailant was to temporarily bench him on the basketball court.