Lawsuit Filed Against North Penn Alleges Student was Sexually Assaulted More Than 20 Times While at School

A lawsuit has been filed against North Penn School District in federal court, claiming that the district violated a female student’s civil rights in failing to protect her from repeated sexual assaults by a male student over the course of five years.

The complaint was filed on Oct. 15 with the United States District Court for the Eastern District of Pennsylvania by Laura E. Laughlin, Esq., on behalf of the unidentified victim, who is referred to within the complaint as Jane Doe. The complaint alleges that Doe was sexually assaulted by the same male student more than 20 times throughout her educational experience, and the district acted with deliberate indifference by failing to respond to Doe’s complaints or provide her with a safe learning environment.

The allegations within the complaint include, but are not limited to, the following:

• In October 2014, while Doe was a sixth-grade student at Gwynedd Square Elementary, a teacher and an aide allegedly witnessed the male student sexually assault the victim, but they failed to report the incident to the school’s administrators or the victim’s family. The filing later states that the teacher allegedly pulled both students out of their classroom and said they would not inform their parents so long as the behavior didn’t occur again.
• In April 2015, a female student said that she, along with Doe and at least three other female students, had allegedly been sexually assaulted by the male student, but claims that the district failed to take any meaningful action against the male student.
• In September 2015, Doe transferred from Penndale Middle School to Pennbrook Middle School in order to avoid sharing a building with the male student.
• In September 2018, the lawsuit claims that district officials met with Doe and her family regarding efforts to protect Doe from the male student while both were attending North Penn High School. Instead, the lawsuit claims that Doe and the male student were assigned seats next to each other in the same social studies class, which allegedly lead to additional sexual assaults over the course of one month before Doe left the district and eventually became home schooled.

“The district has robbed Ms. Doe of her elementary, middle and high school experiences, and subjected her to repeated sexual assault and harassment committed by a known predator, violating her constitutional, federal and civil rights, and causing her loss of educational benefits, physical and emotional injury and other damages,” reads a portion of the complaint.

In total, the lawsuit alleges that Doe was sexually assaulted more than 20 times by the male while a student in North Penn School District, including in classrooms, stairways, libraries, lunchrooms and during recess. The alleged assaults included fondling and groping above and beneath the clothing, as well as digital penetration, the complaint states.

As a result of the alleged sexual abuse, Doe — who had existing issues of anxiety and an ADHD diagnosis — was diagnosed by the school district’s psychologist in May 2019 with “emotional disturbance” as a new primary disability, the lawsuit claims.

Due to the age of Doe’s alleged male attacker, there are no publicly available records to confirm any prior or pending criminal charges. The lawsuit makes one mention of police investigating an incident on Oct. 9, 2018, however, when contacted by North Penn Now for comment, Towamencin Township Police Chief Tim Dickinson declined to comment due to the age of the participants.

“Unfortunately, I am unable to provide further comment or information due to the nature of the investigation and the age of the parties involved,” said Dickinson

In a phone interview with North Penn Now, attorney Laura Laughlin said the lawsuit itself was less about the male student being held accountable and more about the district’s alleged failures to keep Doe safe, which she said is a violation of Doe’s right to an education.

The lawsuit seeks injunctive relief and damages, including compensation for:

• Past, present and future physical and psychological pain, suffering and impairment
• Medical bills, counseling, and other costs and expenses for past and future medical and psychological care
• Impaired educational capacity and future earning capacity
• Attorney’s fees and costs

In response to North Penn Now’s request for comment, North Penn School District Director of School and Community Engagement Christine Liberaski provided the following statement:

“The District cannot comment on the particulars of this lawsuit, but we remain committed to ensuring that our schools are safe and welcoming environments for all students.”

Laughlin said the school district has until Jan. 25, 2021 to file a response to the complaint. Public Justice, a national nonprofit legal advocacy group, is also involved in the case on behalf of Jane Doe.

To view the entire complaint, see below:

See also:

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