The parents of a former student at Tualatin High School in Oregon have filed a lawsuit against the school district, alleging that their disabled daughter was raped in a gender-neutral bathroom during school hours due to the district’s failure to protect her.
The lawsuit, which was filed in Washington County Circuit Court on July 31, claims that the assault took place in April 2023 in a gender-neutral bathroom. It accuses the district of negligence in supervising the student who committed the assault, according to a report by KGW8.
The lawsuit states that the female student was sexually assaulted and raped by a classmate who was allowed to roam the hallways unsupervised. It argues that the district should have been aware of the perpetrator’s “behaviors and proclivities” and that allowing him to roam unsupervised was a failure on the part of school officials to ensure the safety of all students on school property.
In response to the lawsuit, a spokesperson for the district said, “The District does not comment on pending litigation and assures the community that TTSD is committed to the safety of every student in our schools.”
The spokesperson added, “Allegations of sexual assault are serious, and Oregon law and District policy require the investigation of such reports. TTSD responds urgently with support for students experiencing any form of violence. The District is committed to holding anyone accountable who is responsible for serious criminal offenses,” as reported by Oregon Live.
The gender-neutral bathroom where the assault occurred is described as a private space that locks from the inside. The lawsuit details that the female student “lacked cognitive and functional abilities to understand and appreciate that she had the right not to be abused, sexually assaulted, and raped by others.” It also notes that “her ability to receive and evaluate information effectively or to communicate decisions was impaired by her rapist’s force, threats, and coercion.”
Following the assault, the student was transferred to a new school, according to Kevin Brague, the attorney representing the family. The lawsuit is seeking $3.7 million in damages, which includes compensation for non-economic damages as well as the costs of medical care and therapy related to the incident.