H-F Student Harassed Accuser Prior To Sexual Assault: Lawsuit

FLOSSMOOR, IL — A male Homewood-Flossmoor High School student accused of sexually assaulting a female student while on school premises in October had been harassing the girl previously and had threatened her with a knife that day, according to a lawsuit filed Monday on behalf of the girl's mother.

The female student has alleged that she was sexually assaulted Halloween morning by a male student during a breakout session in her theater class. Flossmoor police told Patch a male student was taken into custody in the incident, then later released to his father as an investigation continues.

In the suit, attorney Stephanie White alleges that prior to the incident, the male student brought two knives into the school, reportedly then flashing one the day of the incident while in the presence of other students and school staff. The male student used the same knife when alone with the victim in the moments leading up to the sexual assault, the lawsuit alleges. Police reportedly found two knives in the student's possession following a search, according to the document.

For weeks before the assault, the male student had "demonstrated an unwanted and inappropriate sexual interest in and attraction toward" the female student, expressed through moving his seat to be near her in classes, putting his arms around her, "attempting to touch, hug, and/or 'pat down' the female student in a sexually inappropriately way; and attempting to kiss her," the lawsuit alleges.

Following the student's allegation in October, the accuser's mother publicly criticized the school's response, saying they had mischaracterized the incident.

"The District publicly characterized this as an allegation of assault," she said in a statement released by White. "Be there no mistake, my daughter was sexually assaulted and raped during her theater class."

The lawsuit—which directly names Principal Dr. Clinton Alexander and Theatre Director Deena Cassady—says the school neglected and failed the victim by not stopping the alleged harassment, and allowing the students in a room alone together, without supervision. During the time they were alone, the male student threatened the female student with a knife before sexually assaulting her, according to the lawsuit.

The female student, "suffered from anxiety in social settings, fear of interacting with others, and a fear of speaking to large groups," which surfaced in "episodes of crying, and that made her susceptible to psychological injury," the lawsuit states. Staff recommended the student take theater classes to help combat her anxiety, according to the complaint.

The lawsuit alleges the two students were told to "pair up" and "go into a private dressing room or practice room" to rehearse lines the day of the assault. There, the male "picked up [the female student] slammed her onto a table ... restrained her and forcibly, sexually assaulted her."

Homewood-Flossmoor High School District 233 Director of Communications and Community Engagement Carla Erdey said the district denies the allegations made in the lawsuit.

"The school district is aware of the complaint filed yesterday in Cook County Circuit Court," wrote Erdey in a statement to Patch. "We are reviewing the allegations with counsel and preparing to respond. We deny the allegations set out in the complaint and we will assert a vigorous defense on behalf of the district itself and its employees."

Flossmoor detectives have previously said they are working closely with the families and school administrators during the investigation. Homewood-Flossmoor District 233 also previously said they immediately reported the incident to the Illinois Department of Children and Family Services, which is protocol.

Following the accuser's claim, students staged a walk-out, protesting against the school's response to the allegation. Hundreds of students took to Kedzie Avenue to express their frustration with the school's response, decrying a lack of transparency and accountability on the district's part.

According to the lawsuit, school administrators "intentionally failed to enforce its policies and procedures regarding student safety, bullying, intimidation, harassment, sexual harassment, and sexual violence," creating a "code of silence among the student body where students, including [the female accuser], were afraid to come forward and report the sexual violence being perpetrated against them out of fear of retribution by their perpetrators due to the [District's] refusal to act for the victim’s protection."

The lawsuit also alleges that the male student had previously brought a knife to school, and that administrators had failed to report those instances to DCFS or police.

The accuser "has suffered and will continue to suffer severe and permanent emotional distress, resulting in physical manifestations, embarrassment, loss of self-esteem, humiliation, and psychological injuries," the lawsuit alleges.

The lawsuit seeks $50,000 in damages.

Patch has reached out to Flossmoor Police for comment.