"You take your child to school.
The state requires it.
There ought to be some level of
protection." - Parent's attorney
January 16, 2008
"Our standard for safety and well-being for students is important to us," Eanes Superintendent Nola Wellman said outside court, "and we're pleased that that was found to be true."
Contrary
to the superintendent's assertions, Eanes ISD did not
earn a gold star from the jury for "safety and
well-being standards" The jury did not rule on the
district's general "standard for safety and well-being
for students" or the "importance" of that standard to
Eanes ISD. The jury ruled on a specific issue
regarding notification of the harassment which is
a legal standard. In order to hold a school
district liable, the parent must document that the
district received specific notification of the
harassment. Documentation is vital including
written communications and recorded conversations.
Title IX’s express means of enforcement requires "actual
notice to officials of the funding recipient and an
opportunity for voluntary compliance before
administrative enforcement proceedings can commence."
See
Gebser v. Lago Vista ISD. Read also
Protecting Students from Harassment and Hate Crimes.
Daniel Burns, the
parent's attorney, is quoted in the Westlake Picayune
"The plaintiff genuinely believes that there was
knowledge that something had happened at the school, and
that there was at least some effort to cover it up. You
take your child to school. The state requires it.
There ought to be some level of protection." Judge Sam
Sparks is also quoted as saying he thought it "very
close" as to whether the plaintiff had met the burden of
proof.
When children are hurt, they usually just leave the district and we never hear the details. If parents advocate, children and their families are often further hurt.
I wish healing and comfort for these three little girls who were hurt during their time in Eanes ISD. I wish the same for their families.
It is important to remember that this abuse could have happened to any child ... including our own.
Dianna Pharr
Jurors say district had not been notified of child's harassment claims.
"Our standard for safety and well-being for students is important to us," Eanes Superintendent Nola Wellman said outside court, "and we're pleased that that was found to be true."
The mother who filed the lawsuit claiming violations of Title IX of federal education law on behalf of her daughter left court without comment. Another mother, whose daughter's outcry first revealed possible sexual interaction among kindergarten girls at the West Lake Hills-area school, sobbed outside. She also sued the district and school Principal Jennifer Dusek, but those claims were dismissed by Sparks before the trial.
"My main goal was to make sure that the school take responsibility for what they let happen," she said. "Now it seems like they are questioning whether it ever happened."
First article (of two articles) published on January 15, 2008
Trial
begins in Eanes kindergarten touching case
Lawsuit challenges district response to reported sexual
contact among children.
By
Steven Kreytak
AMERICAN-STATESMAN STAFF
Tuesday, January 15, 2008
The kindergartners called it the "gross game."
Taught by one student to two others at Valley View Elementary School in West Lake Hills during the 2005-06 school year, the "game" involved little girls touching each other sexually during nap time and under a picnic table during recess, according to testimony in federal court Monday.
One girl, now 7, testified that the sexual contact happened daily for months, mostly under a big, orange blanket her classmate used while they rested in their classroom. They were all 5 at the time.
"Did it make you feel bad?" asked her lawyer, Daniel Burns.
"Yes," the girl said.
A federal jury heard the girl's testimony at the start of a trial in a lawsuit filed by her mother against the Eanes Independent School District and Valley View Elementary Principal Jennifer Dusek. The mother claims that the district violated her daughter's rights by failing to stop the girl who is accused of being the aggressor, even though Dusek had been aware of the allegations.
"She's going to need more therapy for years to come because of this," Burns said during opening statements in U.S. District Judge Sam Sparks' court. "She can't complete the first grade. ... She can't even bear to look at the school."
Second
article (of two articles) published on
January 15, 2008:
School district being sued over alleged
sexual contact between kindergartners.
|
July 12, 2007 Ruling -
5th Circuit Federal Court of Appeals denial in Eanes ISD lawsuit regarding the sexual abuse of young children ... check back for most recent public information.
Excerpt: We further note that the district court denied Dusek’s request to stay proceedings on April 19, 2007. Yet, Dusek waited until July 2 to file her motion in this court and requested that it be treated as an emergency, seeking a decision before July 13. This court strongly disfavors the practice of creating an “emergency” by waiting to file a motion. Click
here and search for "Eanes ISD" and then on to "July 12, 2007" to read full ruling.
IT IS ORDERED that Dusek’s motion to stay district court proceedings pending appeal is DENIED.
|
