Cape Parents Suing School After Sexual Assault On Disabled Teen

DENNIS, MA — The parents of a disabled high school student sued the Dennis-Yarmouth Public School District after their daughter was sexually assaulted in a high school bathroom by another student.

The lawsuit was filed on Feb. 1 in the U.S. District Court in Boston and lists the Dennis-Yarmouth Regional School District, teachers Abir Zaineh, Susan Hardigan and two other staff members as defendants in the case. The plaintiffs, whose names were withheld to protect the identity of the child, are seeking $500,000 in damages.

Superintendent Carol Woodbury did not respond to requests for comment. Patch will update this article if we hear back from her.

According to the lawsuit, the sexual assault happened in February 2018 at Dennis-Yarmouth Regional High School. The girl was 16, but had the mental capacity of a 6-year-old child because she was born with Phelan-McDermid Syndrome, a rare genetic condition that causes significant cognitive impairments. As part of her learning plan, she required around-the-clock supervision while she was in school.

In their complaint, the parents said the girl was permitted to leave the school lunchroom alone. When she left the lunchroom, another disabled student, who also wasn't supposed to be alone, brought her into the boys' bathroom and sexually assaulted, harassed and abused her, the lawsuit said.

During the incident, several students entered the bathroom and witnessed the assault. According to the lawsuit, one student photographed and recorded the assault.

The victim's need for one-on-one attention had no exceptions and included trips to the restroom to ensure proper hygiene. But despite this policy, the complaint says the school district allowed students with disabilities to use the bathroom or visit the water fountain unattended, especially during lunch and on days when a teacher was absent.

And on those days when teachers were absent, the school district failed to provide a substitute to ensure a one-to-one ratio with the students requiring that level of supervision, according to the lawsuit. In the months leading up to the incident, Lead Teacher Zaineh expressed concerns about the lack of substitutes, but according to the lawsuit, the practice remained the same.

"Dennis-Yarmouth had a duty to exercise reasonable care in the selection and retention of employees and to provide and ensure an educational environment for [name omitted] that was free from sexual advances, requests of a sexual nature, sexual assault, and rape, and to enforce the regulations, rules, and laws necessary to protect [name omitted] and other students from acts of sexual assault, harassment and abuse," the lawsuit read. "Defendant Dennis-Yarmouth failed to properly ensure that students requiring 1-to-1 supervision received the undivided attention of a 1-to-1 assistant for 100 percent of the school day."

Following the sexual assault, the victim withdrew from Dennis-Yarmouth Regional High School. The lawsuit said she has suffered severe emotional distress, including feelings of shame and anxiety, all of which have required mental health treatment.