A Year Of Bullying: School Admins Charged For Not Reporting Rape

DENVER, CO -- Four East High School administrators and a former principal were charged Monday by the Denver District Attorney with not reporting to police a student's allegations that she had been raped by a classmate off campus. The school disputes the charges, saying they did report the original incident in March, 2016.

The legal case will hinge on whether former East principal Andy Mendelsberg and several administrators and counsellors fulfilled their duties as "mandatory reporters," required to let law enforcement know about any instance involving the abuse or neglect of a child.

Mendelsberg is no longer at the helm of the school. He stepped down last fall, after parents claimed he failed to act after the release of a video of a girl at a cheerleading camp being forced to do the splits. Others charged with misdemeanor failure-to-report were Jann Peterson, vice principal, Anita Curtiss, counselor and deans Eric Sinclair and Jen Sculley.

But within the probable-cause statements issued by the DA's office is another story of school administrators allegedly turning a deaf ear to a year of bullying of the student who came forward. Documents allege the student repeatedly told trusted adults about the bullying, blackmail and backlash she was receiving from other students, making screenshots of online threats, and having her parents call the school. But she was told she would be charged with "harassment" if she spoke to her alleged attacker. And she was advised she should "find different friends," that she should "move on" and told she was "running from her problems."

Finally, when the girl begged to transfer to another school, her request was denied by Principal Mendelsberg, who said he had no knowledge of the bullying behavior that her parents and she had been reporting for over a year, the documents say.

In September, 2017, the girl's parents saw a news story about mandatory reporting by school administrators. The girls' father contacted the Denver Public Schools administration via phone and email. East's new principal John Youngquist put them in touch with the school resource officer, who helped the parents file a police report with Denver police.

Sex assault happened off-campus

The sexual assault reportedly happened on a March, 2016, weekend when the female student was invited to the home of a male friend to watch movies. At the home, she was allegedly sexually assaulted by the other student, the documents say.

After bursting into tears in the school bathroom a few days later, the student reportedly went to Sculley and told her the situation. She reportedly showed Sculley a bruise that she said was a result of the assault. The girl was asked if she "wanted to file charges" and reportedly "did not understand what that meant." Sculley reportedly called the child's father and described the incident as "sex assault with a male peer." Sculley also allegedly told the girl's parents that pressing charges would be "very hard on" the student. The parents insisted that the incident be documented and put into the other student's file, which Sculley reportedly said she would do. At a second meeting, where the girl came to her complaining to her about being bullied, Sculley allegedly told the girl she should "move on" and reportedly said the event would be "our little secret."

But other students found out she had gone to a dean, the reports say. Over the course of the next year, "the victim endured constant and relentless bullying from peers," the DA's statement said.

Counselor Anita Curtiss met with the victim several times, the DA's report said. The girl reportedly told Curtiss she was suffering from anxiety, lack of sleep and having nightmares about the assault. She was allegedly told "some things are just more traumatizing for others" and to "find new friends, already." Curtiss allegedly threatened the victim that "if she had contact with the [boy], she would be disciplined for harassment."

In December, the girl reportedly asked to speak to the counselor about the stress of finals, and burst into tears saying she was still being bullied and having nightmares. She asked to be transferred to another school and was told she was "running from her problems."

In January, the student was blackmailed and bullied by a friend of the boy who had allegedly assaulted her, the DA's report said. She reported the behavior to Dean Eric Sinclair, who demanded proof that the girl was being harassed. She reportedly provided printouts of screen shots of texts and social media the following day. Sinclair allegedly accepted the documents but said he couldn't do anything about it.

At a followup meeting with her parents, Sinclair and Vice Principal Peterson, Peterson reportedly "got choked up and told them it was one of the worse cases of bullying she'd ever heard."

By April, 2017, the parents decided to pull their daughter from the school, the report said. Obtaining the student's file from an academic counselor, the parents were surprised there was no mention of the sex assault and "very little mention of the bullying she endured as a result."

Principal Mendelsberg denied the request to transfer to another high school. The girls parents asked for a meeting with him, the report said. Mendelsberg allegedly said he didn't know the student and the parents were "incredulous, and [told] Mendelsberg they cannot believe he is not aware of the situation with their daughter that has been going on for over a year."

Mendelsberg's suggestions was to "tell their daughter to find a new group of friends to hang out with."

School says they told police

East High School administrators and the Denver Public Schools rejected the notion that the school did not address the student's needs. The district and the school both said a report was made to Denver Police in March 2016.

"We know how important it is to ensure that any student who has concerns about inappropriate or unlawful sexual behavior be fully supported and that concerns about abuse be promptly reported to law enforcement," a statement from Principal Youngquist said on the school's website. "As you know, we have strong policies and procedures in place to support students and are committed to ensuring a safe learning environment in our schools.

"Our records here indicate that our employees did notify the Denver Police Department of this incident in March 2016. We will continue to work with the Police and District Attorney going forward to understand better their concerns in this case," the principal's letter said. "We are committed to ensuring the safety and well-being of all our students, at East High School and throughout Denver Public Schools."

Male student charged

The male student was charged in juvenile court last month with one count of third-degree felony sexual assault, the Denver Post reported.

Read the District Attorney's probable cause statements here:

East High School Probable Cause Statements via Denver Co. DA's Office by JeanLotus on Scribd

Image East High School via Denver Public Schools