Mother accuses Olathe schools of ignoring student sexual assault: federal lawsuit
A middle school student in the Olathe school district suffered sexual harassment and abuse from another student for years, according to a new lawsuit filed against the district and administrators.
The lawsuit, filed in the U.S. District Court of Kansas last month, claims civil rights violations after district leadership allegedly failed to protect the student, retaliated against him after he reported abuse and refused to accommodate his disabilities.
According to the petition, filed by the student’s mother and her lawyer on April 28, the abuse started in 2021 when the student began attending Oregon Trail Middle School. The petition identifies the student only by his initials, CFR, because he is a minor.
Another student, also identified by initials, CM, allegedly repeatedly targeted students with sexual misconduct, harassment and assaults, often in school bathrooms, the suit claims. The sexual misconduct included the student exposing his genitals to other students, the suit alleges.
District leadership was aware of the harassment after repeated complaints from other students, parents and staff, but failed to properly report it, the suit alleges.
“Defendants, as mandatory reporters of child abuse, admitted they knew about CM’s reported wrongful conduct, but avoided knowing the details, as a matter of policy, and therefore did not report these numerous reports of sexual assaults by CM to a Title IX or ADA representative, the DCF representative, or law enforcement,” the suit alleges.
In an email Thursday afternoon, a spokesperson for the Olathe Schools district said it’s not typically district policy to comment on ongoing litigation. However, the district plans to refute the claims brought in the suit through legal action.
“Olathe Public Schools remains confident that the facts and circumstances do not support the baseless and frivolous claims asserted in this lawsuit,” said Becky Grubaugh, the district’s director of communications. “The district stands ready to defend itself through the appropriate legal channels.”
Suit alleges ongoing, repeated abuse
The lawsuit names eight district staff individually as defendants alongside USD 233, including Superintendent Brent Yeager, Deputy Superintendent Jim McMullen, the Oregon Trail Middle School principal, and special education and human resources staff. They were each issued a summons May 15, according to federal court records.
The petition alleges more than 100 incidents of sex crimes perpetrated by the student from August 2021 to April 2023, when the victim was 13 years old.
The student who was victimized, CFR, suffered severe emotional and psychological harm, his mother said in the suit. He started attending school only for half-days and said he couldn’t use the bathroom at school, but wouldn’t tell his parents why.
The abuse came to light after CFR defended himself by taking a photo of an incident that happened in the school bathroom. Dozens of other students also took photos, according to the suit.
The school resource officer and administration conducted an investigation, but the mother of CFR said it was one-sided.
The resource officer allegedly interrogated CFR without a parent present, violating his rights, the suit says. The officer also accused CFR of being in the wrong for taking a photo during the harassment incident.
CFR received a long-term suspension from the district and was later criminally charged with breach of privacy in Kansas, according to the suit. The student was not allowed due process in the investigation and the alleged misconduct against him was not adequately addressed, his mother claims in the suit.
The student’s mother claims teachers and administrators at Oregon Trail Middle School placed CM’s right to use the bathroom over concerns about his lewd conduct.
The suit claims the district showed “deliberate indifference” by “intentionally failing to investigate CM’s perverted sexual crimes … to protect the school’s public image.”
Student suffers ongoing mental illness
At the time of the filing, CFR continues to suffer from ongoing mental illness, according to the student’s mother.
He is at high risk for self injury and has suicidal ideation, the petition states. He’s suffered PTSD, anxiety, depression and panic attacks. He has a hard time leaving the house and still refuses to use a public bathroom.
A lawyer representing the student’s mother did not immediately respond to requests for comment.
The suit also contains a wide range of claims of misconduct by the district and staff dating back to CFR’s elementary school years.
Olathe Schools is accused of failing to accommodate CFR’s ADHD and mental health under the ADA.
School officials allegedly ignored repeated requests from the student’s mother for support and specialized services throughout his years of education in the district.
The student was initially denied an individualized education plan (IEP), and was later denied a place in an IEP, the suit alleges. The district also allegedly denied the mother’s request for an ADHD specialist’s support.
The petition says the student’s mother seeks $200 million in damages and demands a jury trial. She also seeks court orders for changes to accommodations and protections for students in the district.
