Hopkins Middle School student was sexually assaulted by classmate, parent alleges in lawsuit
A Hopkins Middle School student was verbally, physically and sexually attacked in a hallway by another student who was not supposed to be there, according to a lawsuit filed by the victim’s parent.
The lawsuit claims that school officials failed to protect the victim from harm and violated South Carolina state law. The parent is suing the district, along with the school and the state Department of Education.
The State is not naming the parent to avoid identifying the student.
On April 21, 2022, the victim was assaulted while walking to her next class, according to the lawsuit. The lawsuit said the attacker was a “detained” student because of his “dangerous and violent behavior.” As a detained student, he should not have not allowed in the hallways during a class change, according to the lawsuit.
School administrators failed to do anything about the assault, according to the lawsuit, and the victim was “shuffled” from various administrators to report the incident, questioned about what she had said prior to the incident and “shamed into believing this assault was her fault.”
A week later, on April 28, 2022, the parent informed Richland 1 and Hopkins Middle School officials that her daughter had been assaulted, threatened, frightened and bullied, according to the lawsuit.
School officials, as well as the state Department of Education, were “grossly negligent” in not properly training staff to prevent and deal with harassment, or accommodate the victim’s subsequent trauma, the lawsuit says. They were also “grossly negligent” and “reckless” to allow the offending student to be released from his detention unsupervised.
In the aftermath of the attack, the lawsuit alleges that the victim continues to experience trauma and emotional distress because of the event, which has at times has included depression, nausea, vomiting and headaches. She is seeing a therapist.
The lawsuit also claims that the defendants violated the Safe School Climate Act by failing to provide a safe learning environment. Under South Carolina law, the act prohibits harassment, intimidation or bullying and dictates that any such incident should be reported and consequences be appropriate.
Karen York, a Richland 1 spokesperson, said the district does not comment on pending litigation.
The Department of Education could not be reached for comment.
The State has reached out to the parent’s lawyers.
