Lawsuit: School System Failed To Protect Sexual Assault Victim From Harassment

A Madison mother, on behalf of her teenage daughter, is suing the Madison Board of Education for "knowingly failing and refusing to protect" the teen girl "from the continued contact with and harassment by the male students who sexually assaulted her, photographed her, and their friends who also taunted and harassed plaintiff after the assault."

Becky Coffey, the chairman of the Board of Education, said Monday morning that "the Board of Education declines to comment on the advice of counsel given that the lawsuit is pending."

The suit, filed in U.S. District Court earlier this month by Jane Doe, on behalf of her minor daughter, Mary Doe, says that Jane Doe is the mother of Mary Doe and that the real names of the plaintiffs are filed under seal, due to the nature of the matters discussed in the suit.

The suit says the girl is now 15 and lives in Madison with her mother. The assault occured two years ago, according to the lawsuit, when the girl was an eighth grader at Polson Middle School. On Dec. 31, 2009, the girl "was sexually assaulted at a private residence by five male students who all attended Polson Middle School at the time."

A sixth male student took pictures during the assault and showed the photographs to other students at Polson during school hours, the suit says.

The Madison school system became aware of the assault around Jan. 11, 2010 "and was aware of the related harassment by the assailants, the photographer and their friends from that date forward."

"The assailants eventually pled guilty for their crimes in the Connecticut Superior Court for Juvenile matters," the lawsuit says. The lawsuit does not specify exactly what charges the assailants pled guilty to.

Press reports following the incident say the charges included first degree sexual assault, conspiracy to commit unlawful restraint and risk of injury to a minor.

Madison school officials "allowed the photographer to remain in school with only a one-week suspension and he finished out the year at Polson Middle School," the suit says.

Madison school officials "took no disciplinary action whatsoever against the assailants and allowed them to remain in school, participate in sports and ski bus and other activities until they voluntarily withdrew approximately eight weeks after the assault and after they were arrested," the suit says.

Then, the following  year at Daniel Hand High School, school officials "allowed the photographer to remain in the [teen girl's] classes and lunch period during her freshman year." The school system also allowed one of the assailants to register for high school that fall, attend classes, and participate in athletic events, the suit says. That boy then withdrew "in response to repeated demands" from the victim's mother.

In the meantime, the school system "made no effort whatsoever" to protect the victim from contact with the assailants, the photographer, and their friends, the suit says. As a result, she was subjected to constant contact from them, and repeated sexual harassment and intimidation by them, the suit says. 

Because she was not protected from sexual harassment and intimidation, the suit says, the teen girl was forced to leave Daniel Hand High School and find another school outside of Madison, incurring a substantial expense in the meantime.

The suit seeks compensatory damages, attorney fees, and costs.

Polson Middle School Principal Frank Henderson did not respond to an email sent Sunday and did not return a request for comment sent Monday morning.

Editor's note: This story was posted early Monday morning and was later edited to add comment from Board of Education Chairman Becky Coffey, to clarify the communication with Polson Principal Frank Henderson, and to provide information reported in other media following the crime.