DISD Sued Over Alleged Special Needs Student Rape
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DALLAS (CBS 11 NEWS) - The mother of a 16-year-old girl is suing the Dallas Independent School District, alleging staff at Justin F. Kimball High School, and therefore the district, failed to keep her special needs daughter safe.
The woman claims her then 14-year-old child was raped at school, by another special needs student. "She's either at home with me, or at the school," says the woman, who was only identified as Jane Doe in the lawsuit. "For it to happen [at the school] is traumatic to me."
The mother explains the 14 year old had the mental capacity of a 9 year old child at the time of the alleged attack in January of 2013.
According to the lawsuit, the girl, identified as "T.W." has "severe physical, mental and learning disabilities."
"She said he took her into the bathroom and he put his--she pointed at her private area—in her mouth," T,W.'s mother says.
The lawsuit refers to her alleged attacker as "V.A," and claims he followed her into a bathroom inside of their classroom.
"During the various sexual assaults and the rape, T.W. repeatedly told V.A "No" and "Stop," the lawsuit states.
Attorneys representing the mother and daughter say 3 other students had previously reported being inappropriately touched by V.A.
"There was a large danger made known to the school, prior to the rape," Lory Watson, one of the attorneys representing the family says.
The 14-year-old allegedly told her case manager and her teacher that the 20-year-old would "grab her buttocks," and "try to get her into the bathroom with him."
The girl and her parents, as well as the 20-year-old and his parents, met with faculty on December 5, 2013 to discuss those issues. Watson says following the meeting, the 20 year old's seat was changed.
"They moved him in front of the restroom, directly in her path, and still required her to use that bathroom, that resulted in the rape," Watson says.
The family told CBS 11, it is seeking damages from the district and hoping to make a change.
"I want other children to be protected, because if it happened to my daughter, God knows how many students this has happened to, or it could eventually happen to," the teen's mom says.
DISD said it cannot comment on pending litigation.
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