Lawsuit accuses Homewood-Flossmoor High of failing to take action on behalf of girl who says she was sexually assaulted

CBS News Chicago

CHICAGO (CBS) -- A lawsuit was filed Tuesday on behalf of a teenage girl who says she was sexually assaulted by another student during a theatre class at Homewood-Flossmoor High School in October.

The lawsuit was filed by mother of the student who said she was assaulted. The Board of Education of Homewood-Flossmoor Community High School District 233, Homewood-Flossmoor High School principal Clinton Alexander, and theatre teacher Deena Cassidy were named as defendants.

The girl who reported the attack is 17 years old and a junior. She was in a first-period theatre class at the school on Oct. 31 when she was paired with a young man to rehearse some lines, her mother told CBS 2's Jermont Terry the day of the incident.

The two went off into a section away from other students – and the girl's mother said the boy violated her daughter when they were alone.

The lawsuit said the boy accused of the assault had previously brought a knife to school and had already displayed it in a threatening manner in the presence of the alleged victim and other students.

The lawsuit also said that the alleged victim suffered from an anxiety condition and said this was the very reason that teacher Cassady advised her to take theatre classes.

The suit said the male student accused of the assault had shown an unwanted and inappropriate sexual interest in the girl that he "openly manifested" during the school day. Among the things he did was change seats to sit next to the girl, place his arms around her, and try to kiss her touch her in other inappropriate ways, the lawsuit alleged. The lawsuit said the school and teacher failed to intervene when this was happening – even when it happened in front of the teacher.

The girl had been repeatedly rejecting the boy's advances – saying she was in a relationship with someone else and was not interested, the lawsuit said.

On Oct. 31, during Cassady's first-period theatre class, the girl and boy were sent to a private dressing room or practice room to rehears lines together, the lawsuit said. The lawsuit said Cassady knew the room had a solid closing door, no windows, and no surveillance system and was out of the teacher's line of sight. The suit also said the teacher did not check on the girl and boy for the rest of the class period.

In the room, the boy displayed his knife and began touching her over her protests, and then restrained her and forcibly sexually assaulted her, the lawsuit alleged.

The lawsuit said the teacher never heard the girl crying, and never checked on the girl and boy during the approximately 20 minutes they were unsupervised in the room.

The girl reported the sexual assault right away to the board, Principal Alexander, and other school staff, the lawsuit said. Afterward, the girl was confined to a school nurse's office for several hours and was not allowed to leave and see her family or get medical attention, the lawsuit said.

The lawsuit further claimed the girl's mother was placed in a room when she arrived at the school and was not allowed to see her daughter for more than an hour and a half.

The lawsuit accused the board, Alexander, and Cassady of willful and wanton supervision on the grounds that they failed to protect the girl from the boy's sexual harassment and abusive behavior. All three defendants were also accused in the lawsuit of intentional infliction of emotional distress.

The lawsuit also accused the school board of false imprisonment on the grounds that the girl was held in the nurse's office for hours.

The suit sought damages in excess of $50,000.

The school district acknowledged the day of the alleged incident that they were working with police in the investigation. No charges had been reported as of Tuesday.

"The safety and security of our students and staff is paramount. We are committed to following safety protocols and appreciate the patience of our school community. We are all feeling a variety of emotions, including shock, sadness, and anger.

"We want you to know that Homewood-Flossmoor High School staff members are specifically trained to process these emotions with your child(ren). If your child needs additional support, please contact me or your student's social worker or school counselor immediately," school officials said in a letter to parents."

Three days after the assault was reported, hundreds of Homewood-Flossmoor students staged a walkout.

School officials asked anyone with information on the incident to call the Flossmoor Police Department at (708) 957-4500.

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