A lawsuit filed in federal court alleges that a male student raped a 12-year-old girl in an Olathe middle school bathroom in 2015 after a teacher let students return to a classroom unsupervised.
The girl’s mother filed the lawsuit Thursday in U.S. District Court against Olathe Public Schools, its school board and the student who allegedly assaulted her daughter.
The lawsuit states that in December 2015, a teacher sent students, including the girl, to do an assignment with a different instructor in a school common area.
After the girl and the boy finished their assignments early, the common area teacher sent them back to their classroom without supervision or notifying the other teacher that the students were on their way.
The boy suggested an alternative route back to class. Then, the lawsuit says, he pulled the 12-year-old girl into a boys bathroom, “forcefully raped her and forced her into oral sex.”
The girl said a custodian saw her as she left the boys bathroom but did not stop to question her about why she was there.
The lawsuit also states that the girl was “scolded” for being late to class, but teachers did not investigate why it took her so long to return.
The student told a classmate what had happened and later in the day told a teacher.
A Pioneer Trail Middle School resource officer then took the girl to Shawnee Mission Medical Center for treatment. Medical records corroborated forcible penetration, the lawsuit says.