Lawsuit: KC area middle schooler sexually assaulted and harassed; district failed to act
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During summer school in 2022, a lawsuit now claims, a boy was targeted in the middle school bathroom by two classmates.
On multiple occasions when he would go the to the boys’ room at Harrisonville Middle School, serving kids in grades six to eight, two students would allegedly follow him in. There, the suit filed in Cass County Circuit Court alleges, the classmates would “sexually harass and assault” him.
The suit describes a range of incidents, claiming that the students would approach him from behind while he was urinating and “simulated having anal sex.” He was pushed against a wall, the suit says, grabbed by his wrists and ankles, dragged across the floor, and left in a bathroom stall. He “sustained bruises” as a result.
The lawsuit identifies the boy and the other students by their initials. The Star does not identify alleged sexual assault victims or accused minors.
The crux of the suit, filed by the father of the boy, is that although the boy’s teacher, and school administrators, were made aware of the incidents, they “failed to adequately investigate the harassment and assaults in a timely manner,” “failed to take adequate remedial measures,” and “failed to punish, terminate or otherwise prevent future misconduct” by the students.
Through the family’s attorneys, Anne Schiavone and Brandon Corl with the Kansas City firm Holman Schiavone LLC, the suit, originally filed in August, maintains that in failing to immediately report and investigate the alleged assault, the district and its employees violated portions of the Missouri Safe Schools Act, the sexual discrimination portion of the Missouri Human Rights Act and its own district policies against sexual harassment.
Besides the Harrisonville School District, the suit also also names as defendants Harrisonville Middle School teacher Lesli Lame, Principal Chris Grantham, Assistant Superintendent Jason Eggers and former Superintendent Paul Mensching, now working in Salina.
The attorneys for the boy declined The Star’s request for comment, but in their filing they state that he reported the first alleged assault to his teacher, Lame, “but nothing was done to prevent further sexual harassment, abuse or assault, including performing any investigation, until at least three more days had passed.”
One of the accused students eventually was removed from summer school, but the second was allowed to stay. When summer ended, the boy attended school virtually rather than in person to avoid facing the students who allegedly assaulted him.
Responding to a request for a statement, Superintendent Josh Chastain, who is not named in the suit, wrote in an email, “Harrisonville Schools takes all student complaints alleging harassment by other students seriously. Upon receiving complaints, we promptly respond by investigating the alleged conduct, by acting to stop and prevent any misconduct that is discovered, and by disciplining any students who violate the discipline code or Harrisonville Schools’ policies.
“The Petition in this case makes inaccurate allegations and invalid legal claims, which the School District is addressing through the legal process. Beyond this, the School District will not comment about students or about cases involving students during this legal process.“
In their court filings, the defendants’ attorneys, Drew Marriott and Brian Mayer of EdCounsel in Independence, make several arguments on why the case ought to be dismissed, including that, under state law, the teacher and administrator are entitled to immunity.
“The Missouri Supreme Court has long held that official immunity ‘protects a public official from liability if that official acts within the course of his official duties and without malice’” the attorneys argue.
The litigation remains ongoing.
This story was originally published January 11, 2024 at 5:30 AM.
