Parent Files Suit Alleging Sexual Assault At Haven Middle School

EVANSTON, IL — The father of the Evanston seventh grader who reported she was sexually assaulted at Haven Middle School last year filed a civil lawsuit Monday against a man he says is responsible. Police say there is not evidence to press criminal charges.

An Evanston/Skokie District 65 custodian followed the middle school student into the girls' bathroom and committed the offense of battery by "assaulting and raping her," the one-count lawsuit alleges.

"This tragic case is about District 65's failure to protect a 12 year old girl who was sexually assaulted in a bathroom on October 4, 2019 at approximately 1:50pm by a custodian at Haven Middle School," Andrew Stroth, the attorney for the girl's father, said in a statement.

The lawsuit, filed in Cook County Circuit Court and demanding more than $50,000 in damages, comes just over eight months since district administrators learned about the October 2019 incident.

Haven Principal Kathy Roberson told the school community on Oct. 8 that the "individual(s) alleged to be involved in this matter have been placed on leave and will have no contact with students until the investigation is complete."

In November 2019, the student's parents sent a letter to Demitrous Cook, chief of the Evanston Police Department, Evanston Mayor Steve Hagerty, a District 65 attorney and Cook County State's Attorney Kim Foxx.

According to the letter, the girl identified the custodian as her attacker and provided a sample of male DNA, but police were "unable to find him." The parents said police had not provided them with the name of the custodian the girl had identified in a photographic lineup.

Earlier:
Parents Accuse Custodian Of Sexually Assaulting Evanston Student
Police 'Unable To Find' Accused Haven Custodian, Parents Say

The lawsuit filed Monday does not list District 65 as a defendant. Instead, it names it as a respondent in discovery — the student's father alleges the district has information needed to find out who else should be named as a defendant.

According to the complaint, the battery caused physical injuries and "emotional pain and suffering, mental anguish, inconvenience, humiliation, embarrassment, loss of enjoyment, and stress" to the student.

Evanston Patch is not naming the plaintiff in the case to avoid potentially disclosing the identity of a victim of sexual assault and not naming the defendant because he has not been charged with a crime.

On Monday, Evanston Police Cmdr. Brian Henry confirmed the investigation into the incident ended with no charges being filed.

"On May 13, 2020, the Evanston Police Department concluded its investigation of an alleged assault on a student at Haven Middle School that was reported to have occurred on October 4, 2019," Henry told Patch in an email.

"After a thorough investigation," he said, "the Evanston Police Department has determined at this time there will be no arrest in this case based upon insufficient evidence to proceed with a prosecution."

District officials did not immediately provide any employment details about the man named in the lawsuit. Any staff member who may have been involved remains on administrative leave, according to a district spokesperson.

Melissa Messinger, communications director for District 65, said district representatives had received notification of a petition for discovery filed on April 27 but had not yet gotten a copy of the civil complaint filed Monday.

Co-interim Superintendents Phil Ehrhardt and Heidi Wennstrom notified parents on May 14 that the criminal investigation had been closed. In a joint statement, they said the safety and well-being of children would always be the district's top priority.

"We have closely reviewed all our safety procedures, and implemented some additional enhancements and training," Ehrhardt and Wennstrom said. "Our primary focus has been and will continue to be to support all the students in our care and to ensure a safe environment at all our schools."