Florence, South Carolina – A mother has filed a lawsuit against the local school district and its superintendent, following a report of the alleged rape of her 16-year-old special needs daughter at West Florence High School. The incident reportedly took place on November 8, 2023, as the student was transitioning between classes.
The lawsuit, filed on September 26, 2024, in U.S. District Court in Florence, arises from accusations that the school officials failed to protect the victim, violated multiple state and federal laws, and attempted to conceal the incident. The suit cites 12 violations, including breaches of Title IX, the Federal Rehabilitation Act, and the Americans with Disabilities Act.
Details in the lawsuit reveal that the girl’s individualized education plan permitted her to leave class early to avoid crowded hallways, an accommodation aimed at minimizing her distress due to her condition. Nevertheless, she was allegedly attacked in a school restroom during this vulnerable time.
Reports indicate that the alleged assailant, who is a minor and has been identified in court records, was arrested shortly after the incident. He posted a $30,000 bond the next day on a charge of first-degree criminal sexual conduct. According to the arrest warrant, the boy confessed to the crime after being informed of his rights.
In a statement released shortly after the incident, Superintendent Richard O’Malley noted that the school administration and law enforcement were investigating the reported assault but could not share specific details due to privacy laws around student disciplinary matters.
Soon after the case came to light, advocacy groups expressed concerns over the handling of the situation. The Florence branch of the NAACP criticized school leadership for allegedly delaying informing the public about serious incidents affecting student safety. They emphasized the community’s right to be informed promptly regarding the welfare of students.
The lawsuit suggests that the school district failed to report the incident accurately to the South Carolina Department of Education, claiming that zero sexual offenses were recorded for schools in the district during the academic year despite the alleged assault. The attorneys involved argue that this pattern may reflect a broader issue of systemic failure within the district to report violent incidents.
The legal complaint highlights the ongoing impact that this alleged assault has had on the victim. It states she has since required counseling, therapy, and medical treatment, including treatment for gonorrhea. Additionally, the suit accuses school officials of attempting to suppress details of the assault from both the community and the media.
West Florence High School Principal Matthew Dowdell reportedly contacted the victim’s mother two weeks after the attack, asking her to request a local news outlet refrain from reporting the incident. This request has raised eyebrows among community advocates and legal representatives.
Florence 1 Schools has not publicly commented on the ongoing lawsuit, particularly due to the district’s fall break. As the situation develops, the implications of this case could garner significant attention regarding the policies and safety measures in place for vulnerable students in the district.
As of now, the school district’s Title IX coordinator has reached out to the victim’s family and initiated a formal investigation, but many in the community are demanding transparency and accountability for how such serious incidents are handled in local schools.
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