The parents of a former student at Tualatin High School in Oregon have filed a lawsuit against the school district, alleging that the district failed to protect their disabled daughter from being raped in a gender-neutral school bathroom during school hours.
The lawsuit, filed in Washington County Circuit Court on July 31, says that the assault occurred in April 2023 in a gender-neutral bathroom and that the district was negligent in its supervision of the student responsible, per KGW8.
According to the lawsuit, the female student was sexually assaulted and raped by a classmate who was allowed to roam the hallways unsupervised. The lawsuit further argued that the district should have been aware of the perpetrator’s “behaviors and proclivities” and not have allowed him to roam as was allowed and that school officials failed in their duty to ensure the safety of all students on school property during school hours.
In response to the lawsuit, a spokesperson for the district said, “The District does not comment on pending litigation and assures the community that TTSD is committed to the safety of every student in our schools.”
“Allegations of sexual assault are serious, and Oregon law and District policy require the investigation of such reports. TTSD responds urgently with support for students experiencing any form of violence. The District is committed to holding anyone accountable who is responsible for serious criminal offenses,” the spokesperson added, according to Oregon Live.
The gender-neutral bathroom where the incident took place was a private space that locks from the inside. The lawsuit detailed that the female student “lacked cognitive and functional abilities to understand and appreciate that she had the right not to be abused, sexually assaulted and raped by others,” and “her ability to receive and evaluate information effectively or to communicate decisions was impaired by her rapist’s force, threats and coercion.”
Following the assault, the student was transferred to a new school, according to Kevin Brague, the lawyer representing the family. The lawsuit seeks $3.7 million in damages, which includes compensation for non-economic damages as well as the costs of medical care and therapy related to the incident.