Wake County Public School System is being sued for the second time in recent months over allegations it failed to respond to the reported sexual assault of a student. (Photo: Antonio Hugo/Getty Images)
The Wake County school system is facing its second lawsuit in recent months alleging that school officials failed to stop a student from repeatedly sexually assaulting a classmate.
The latest lawsuit, filed Jan. 26 in Wake County Superior Court, alleges that a 7-year-old girl was sexually assaulted multiple times by a second-grade classmate during the spring of 2023 while attending Beaverdam Elementary School. According to the complaint, the assaults continued after the child reported the behavior to her teacher.
Court filings say the girl, identified only as Jane Doe, told her teacher on multiple occasions during the 2022-23 school year that a classmate touched her inappropriately over her clothing. The teacher responded by moving the boy to a different seat in the classroom, but the abuse continued. The filing says the teacher did not notify school administrators.
The lawsuit alleges that school officials did not inform the girl’s mother about the abuse until mid-May 2023, after another alleged assault occurred in a school hallway while other students were present. That assault was reported by students and confirmed through surveillance footage.
After being notified, school officials suspended the boy for one day but denied the mother’s request to move him to another classroom. The school’s principal cited internal policies preventing the boy’s removal and told the mother the only way to separate the students would be to move her daughter instead, according to the complaint.
The lawsuit alleges the boy assaulted the girl again the same day he returned to class following the suspension. The mother’s subsequent requests to move him were also denied. The filing further alleges the school system had reason to know the boy had previously been investigated for similar behavior and may have been moved from other classrooms.
According to the complaint, the boy was transferred to another classroom only after the mother filed police reports, requested a Title IX investigation and sought assistance from a local civil rights organization. That change occurred in late May 2023.
The family is seeking more than $25,000 in damages, alleging the district’s negligence caused physical, sexual and emotional harm.
This marks the second time since November that the district has been sued over its handling of such cases. In both instances, plaintiffs allege that school officials failed to take sufficient action to protect victims following reports of abuse.
NC Newsline reached out to the Wake County school system for comment, but a spokesperson did not immediately respond.
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