Bellingham student who reported assaults files federal lawsuit against school district

A Bellingham student has filed a federal civil rights lawsuit against Bellingham Public Schools alleging that after she reported a male student repeatedly sexually assaulted her while at school, district officials dismissed her, forced her into a room with her alleged abuser and failed to take appropriate steps to address the situation.

An attorney for the 16-year-old female student filed the civil rights lawsuit Wednesday, Dec. 7, in the Western District of Washington in Seattle against Bellingham Public Schools on the student’s behalf. The student alleges the district violated her civil rights — including federal Title IX protections — and that the district failed its duty to protect and care for her, neglected its duties to report the sexual assaults to law enforcement and that the district showed a pattern of “extreme and outrageous conduct,” according to federal court records, which were first reported by KOMO News.

The student has requested general, special and punitive damages and has demanded a trial by jury on all issues, according to the federal court records.

“Sexual violence in schools is a serious problem that Bellingham Public Schools has failed to address,” Mark Kaiman, the student’s attorney, told The Bellingham Herald in a prepared statement sent Tuesday, Dec. 13. “Our client has been deeply traumatized by these events, and the District’s response to them. Our client is grateful for the tremendous support we have seen from fellow students, and from the community at large. We look forward to addressing the issues set forth in our lawsuit in court.”

The federal lawsuit comes as three Bellingham Public Schools assistant principals were criminally cited for failing to report, which is a gross misdemeanor. The three administrators are all mandatory reporters, and are required by state law to report any suspected abuse or neglect of a child to law enforcement or the Washington State Department of Children, Youth and Families.

Maude Chimere Hackney, Jeremy G. Louzao and Meghan V. Dunham were each issued criminal citations Dec. 7, The Herald previously reported. Hackney is an assistant principal at Bellingham High School, while Louzao and Dunham are assistant principals at Squalicum High School.

None of the three have been placed on paid administrative leave. Bellingham Public Schools Superintendent Greg Baker said in a Dec. 9 statement that all three were continuing to work in their normal capacities and have the district’s support in doing so.

When asked follow-up questions Monday by The Herald regarding whether Hackney, Louzao and Dunham continued to work in their full capacities, Bellingham Public Schools spokesperson Dana Smith said Tuesday evening that they continue to be employed with the district.

The Bellingham Public Schools Board is expected to address whether the district will provide legal defense for Hackney, Louzao and Dunham, according to the agenda for the school board’s regularly scheduled meeting on Wednesday, Dec. 14.

The issue is currently listed under the board’s consent items, which allows consent agenda items to be approved by the board by a single motion, according to the board’s document portal. Any item can be removed by majority vote of the board and placed on the regular agenda, the portal shows.

Baker has reviewed and approves of the board’s resolution to retain attorneys on behalf of Hackney, Louzao and Dunham, and pay for the costs of defending them against the criminal citations.

Several hundred students walked out in protest over the district’s handling of the situation Monday morning, Dec. 12, and accused the district of not taking sexual assaults and harassment reported by students seriously.

“We commend Prosecutor Eric Richey for filing criminal charges against the three school officials who failed to follow the law,” Kaiman said in Tuesday’s prepared statement.

Bret Simmons, who is one of the attorneys representing the school district in the federal lawsuit, told The Herald Tuesday that it has 20 days to file a response to the student’s lawsuit. Simmons declined to comment on the lawsuit, saying “we defer to the District on statements about this matter.”

The Herald has asked Bellingham Public Schools for comment.

Repeated assaults

The female student’s federal lawsuit alleges that when she reported the male student’s repeated sexual assaults that occurred both in private and in public while both students were attending Squalicum High School, one administrator asked the victim what she would like him to do about it, while another failed to acknowledge the assaults had been reported to her at all, the federal court records show.

Beginning in October 2021, a 15-year-old male Squalicum student began assaulting the 16-year-old female student. The male student would grab the female student, rub intimate parts of her body or his penis on her from behind, molest her, ask her to date him and attempt to coerce her into performing oral sex on him, according to the federal lawsuit.

The male student would “generally humiliate and degrade” the female student in private and in front of other students, the lawsuit states.

When the student reported the assaults to Louzao, he allegedly said “What do you want me to do about it?,” according to the lawsuit.

When the student reported the assaults to Dunham, she didn’t respond in any way, court records state.

Hackney required the victim to participate in what she called a “restorative circle” with the accused student. The female student was required to be alone in a room — at Hackney’s direction — with the male student who abused her and was “then told to ‘shake hands and you’ll be fine,’” the lawsuit states.

None of the three administrators reported the assaults to law enforcement or the state child services department, which is required by state law.

The male student was later arrested and charged in Whatcom County Juvenile Court with one count of indecent liberties by forcible compulsion, a felony, according to Whatcom court records. His case is currently pending, with a trial confirmation hearing scheduled for Jan. 3, 2023. The county’s juvenile court is part of the Whatcom County Superior Court.

The female student attended Squalicum for most of the 2021-2022 academic school year, but withdrew due to “the sexual abuse and lack of appropriate response from the defendant (school district),” the lawsuit states.

The female student began attending a different school this spring.

Violated rights

Her federal lawsuit alleges the school district violated her Title IX rights by discriminating against her on the basis of sex and that the district failed its duty to investigate what occurred and take appropriate steps to address the situation.

The student “reported sexual harassment and sexual violence to three different school officials. All three of them failed to take immediate action to adequately address the sexual violence and sexual harassment, prevent its recurrence, and address its effects,” the lawsuit states.

The student’s lawsuit states that she has suffered anguish, discomfort and extreme emotional distress due to the district’s actions.

It also states that the district failed its duty to care for the student, failed to report the sexual assaults to law enforcement and failed to properly supervise and train its employees on their legal obligations and duties as mandatory reporters of child abuse and neglect.

The student’s lawsuit also accuses the Bellingham school district of engaging in a pattern of extreme and outrageous conduct.

“Forcing the plaintiff to participate in a ritual with the perpetrator of sexual violence against her that the school called a ‘restorative circle’ was outside the bounds of decency and intolerable,” the lawsuit states. “Failing to report the sexual violence against the plaintiff and choosing to ignore it as required by law was also outside the bounds of decency and intolerable in a civilized society.”

Resources

If you or someone you know is experiencing domestic violence or sexual assault, you can contact the following local resources for free, confidential support:

▪ Domestic Violence & Sexual Assault Services: 24-hour Help Line: 360-715-1563, Email: info@dvsas.org, or https://www.dvsas.org/.

▪ Lummi Victims of Crime: 360-312-2015.

▪ Tl’ils Ta’á’altha Victims of Crime: 360-325-3310 or nooksacktribe.org/departments/youth-family-services/tlils-taaaltha-victims-of-crime-program/

▪ Bellingham Police: You can call anonymously at 360-778-8611, or go online at cob.org/tips.

▪ WWU Consultation and Sexual Assault Support Survivor Advocacy Services: 360-650-3700 or wp.wwu.edu/sexualviolence/.

▪ Brigid Collins Family Support Center: 360-734-4616, brigidcollins.org

▪ Child Protective Services: Washington state hotline for reporting child abuse and neglect, 866-829-2153.