Florence 1 Schools sues over alleged sexual assault at school

FLORENCE, S.C. (WPDE) — Florence 1 Schools was hit with a federal lawsuit last November over an alleged sexual assault on the campus of West Florence High School.

According to an incident report, a 17-year-old is charged with first-degree criminal sexual conduct following an incident with a 16-year-old student last November at West Florence High School.

ABC15 obtained the three-page police report from the Florence County Sheriff’s Office last November detailing the incident.

The report states that the School Resource Officer (SRO) was notified via cell phone to respond to the assistant principal and the SRO said he “immediately activated my department-provided body camera.”

The police report said two school principals simultaneously stated: “There may have been a rape.”

A case is still pending against the now 18-year-old student who committed the incident.

Attorneys Ashley B. Nance and Robert Stucks filed a lawsuit two weeks ago on behalf of the victim and her parents based on 12 causes of action or causes of action.

It refers to the parent as Mary Doe and the victim as Jane Doe.

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The suit reads:

“Jane Doe has long-standing formal diagnoses of certain special needs resulting in intellectual disabilities, speech/language disabilities, learning disabilities and physical disabilities. Numerous accommodations have previously been made for Jane Doe through her Individualized Education Program (hereinafter “IEP”) Due to her disabilities, Jane Doe suffers from cerebral palsy, static encephalopathy and spastic quadriplegia, which causes problems with muscle weakness, control and stability, resulting in problems with the Balance and Walking As part of these arrangements, Jane Doe was allowed to leave class ten (10) minutes early to avoid crowded halls and was also allowed to use the elevator to access upper hallways between classes. “

The details of the rape are quite graphic. The lawsuit alleges the district tried to cover up the sexual assault.

Part of the lawsuit states:

“After the sexual assaults occurred, Mary Doe became concerned because FSD1 did not make announcements to the student body, parents or the media about the incidents of sexual assault that occurred on its property.”

It said their concerns became reality when they were contacted by a school administration nearly two weeks after the sexual assault incidents. The lawsuit states that the administrator contacted Mary Doe to inform her that Tonya Brown, an investigative reporter at WPDE TV15, had contacted him seeking comment on the incident. The administrator specifically asked Mary Doe to contact Tonya Brown and ask her not to publish a report or article about the sexual assault incident.

Mary Doe thought this was an odd request and did not contact Tonya Brown as requested by the administrator.

ABC15 reported the incident on November 20, 2023.

The district provided the following statement on the situation:

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“District administrators, school officials and law enforcement are actively investigating a report involving two exceptional students at West Florence High School. We cannot discuss or release details of student disciplinary matters.”

The lawsuit continues:

“On November 20, 2023, Tonya Brown published a report/article reporting the incidents of sexual assault. “Plaintiffs are informed and there was no attempt by FSD1 to notify anyone of the incidents of sexual assault on the West Florence High School campus until Tonya Brown.” Plaintiffs are informed and believe that FSD1 improperly reported this incident to the Department of Education South Carolina reported as required by SC Code Ann 59-63-330 (School Crime Report Act) is also informed that FSD1 reported no coercive sex offenses for the 2023 school year. “Plaintiffs are informed and believe this is part of a larger systemic problem as FSD1 continually fails to report violent incidents at its schools, including sexual assault, to prevent schools within FSD1 from negative safety statistics and negative media attention.”

Nance said the district needs to be held accountable for its actions.

“This case is about holding people accountable. For what they did. To hold the school district accountable. This case is about making sure what happened doesn’t happen to someone else,” Nance said.

The lawsuit said the attorneys conducted a Title IX investigation. Title IX is a federal civil rights law as part of the Education Amendments of 1972.

It states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination in any educational program or activity receiving federal financial assistance.”

Schools and/or districts that receive federal funding must comply with Title IX to protect students.

The lawsuit says Florence One Schools receives federal funding and must comply with Title IX by “providing an environment in which all students have equal access to educational opportunities, resources and supports.”

The lawsuit alleges that F1S failed to establish policies, procedures, practices and customs to ensure that Jane Doe was not a victim of harassment and sexual assault based on her gender and/or to prevent sexual violence consistent with her rights Title IX of violates the Education Amendments of 1972 (“Title IX”), 86 Stat. 373, as amended, 20 USC 1681, et seq.

It said: “Despite the seriousness of the incident, FSD1 failed to take appropriate action. Instead, FSD1 attempted to “sweep the incident under the rug” by avoiding the media and failing to classify the incident as rape despite disclosing evidence of rape and hesitating to initiate the Title IX process. Additionally, despite requests, Jane Doe was not privy to the Title IX process.

The lawsuit alleges the district violated the Americans with Disabilities Act, the Education Disabilities Act and the Federal Rehabilitation Act.

Another cause of action for the lawsuit involves a writ of mandamus regarding Florence 1 Schools.

All districts in the state are required by law to report sexual assault and/or sexual violence to the South Carolina Department of Education.

The suit says:

“FSD1 reported zero (0) sexual assaults/cases of sexual violence for the year 2023. This is completely wrong. FSD1’s failure to accurately report information violates SC Code Ann. 59-63-330. Jane Doe believes FSD1’s failure to report information was intentional. Jane Doe brings this writ of mandamus to force FSD1 to properly report cases to the South Carolina Board of Education.

The lawsuit states that a district administrator defamed the victim and “trivialized a serious situation.”

It said the defendants “acted negligently and grossly negligently in discussing a minor’s school records and/or incidents with other persons, including other students at West Florence High School.”

According to the lawsuit, the victim “suffered reputational harm and severe mental anguish as a result of these false statements, and was required to transfer from West Florence High School to an out-of-district school as a result of all of the actions set forth herein.” Jane Doe suffered physical injuries, pain, suffering, mental anguish, and loss of the ability to enjoy life as a direct and proximate result of Defendant’s acts and omissions set forth herein in the hospital, forced to undergo medical testing, including sexual communicable diseases and infections, and also forced to receive ongoing psychological counseling, therapy and medical treatment.”

The family alleged that it suffered financial loss as a direct and proximate result of the defendant’s actions and omissions and requested a judgment of actual and appropriate punitive damages.

ABC15 reached out to Florence 1 Schools for comment, but the district is closed this week for fall break.

Federal court documents show the district was officially served with a copy of the lawsuit.

We have also contacted the district attorney named in the lawsuit and will let you know as soon as we hear back from them.