HANCOCK COUNTY — The mother of a Mt. Vernon Middle School student filed a lawsuit claiming school officials didn't protect her daughter and didn't properly report abuse to authorities after she says the girl was sexually assaulted on a school bus in May.
In an email to WRTV, a spokesperson for Mt. Vernon Schools denied the claims made in the lawsuits and said the district promptly reported the boys' inappropriate behavior to police.
"As a mandatory reporter, the school corporation understands and takes seriously our duty to report suspected child abuse or neglect," Maria Bond, Mt. Vernon Schools' director of community relations, said in an emailed statement. "This incident was reported to law enforcement. It is for law enforcement and the prosecutor’s office to determine if the alleged conduct should be referred for prosecution for sexual assault."
According to a nine-page complaint filed Sept. 20 in Hancock Superior Court, the woman claims two boys sexually assaulted her child on the bus on May 2 and May 3.
The girl reported the assault at the middle school office and was sent back to class on May 3, according to the suit. The suit claims officials interviewed the girl and the boys about the incident on May 4, then sent all three home on the same bus at the end of the school day.
The boys "verbally harassed, intimidated (and) frightened" the girl on that bus ride, the suit claims.
Mt. Vernon's Bond told WRTV the lawsuit got the dates wrong. The incident actually happened on May 16 and 17 and officials reported it to law enforcement at the time they were notified, Bond said.
"The investigation with law enforcement revealed two 6th grade students behaved in a highly inappropriate manner," Bond said. "Those students received significant punitive and preventive consequences at school."
State law mandates that anyone who suspects a child is being abused or neglected must report the allegations to police or child welfare officials. Anyone who fails to report abuse or neglect can be charged with a misdemeanor.
The girl's mother claims the girl had complained about these boys bullying and sexually harassing the girl throughout the school year but school officials "failed to supervise or protect" the girl, according to the lawsuit.
The girl "suffered extreme emotional distress at the hands of these defendants and has sought and incurred counseling treatment and related expenses," the mother's lawyer wrote in the suit.
The suit seeks unspecified damages. It names Mt. Vernon Middle School, Mt, Vernon Community School Corp., and the parents of both boys as defendants. The suit does not identify the girl or the boys by name.
Here is the entire statement from Mt. Vernon Schools:
"Based on the report provided to the school at the time the incident was reported, it is our understanding the events at issue took place on May 16 and 17, not May 2 and 3 as cited in the legal complaint filed against the school district on September 20. The incident was reported to law enforcement at the time the school learned of the conduct. The investigation with law enforcement revealed two 6th grade students behaved in a highly inappropriate manner. Those students received significant punitive and preventive consequences at school. The school was advised that the Fortville Police Department completed its investigation and forwarded that to the prosecutor’s office.
"As a mandatory reporter, the school corporation understands and takes seriously our duty to report suspected child abuse or neglect. This incident was reported to law enforcement. It is for law enforcement and the prosecutor’s office to determine if the alleged conduct should be referred for prosecution for sexual assault.
"Additionally, it is unfortunate this lawsuit was filed without allowing the school the requisite 90 days to respond to the tort claim. Instead of being able to address this matter prior to the litigation, the School will now answer the complaint as required by the Court."
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Contact WRTV reporter Vic Ryckaert at victor.ryckaert@wrtv.com or on Twitter: @vicryc.
