The mother of a minor child has filed suit against the Freeburg Community High School District No. 77, saying her daughter was sexually assaulted in a restroom at another high school during an organized event, then was placed on home-bound schooling following the incident.
A.S., a minor through her mother and next friend Keyona Fisher, filed suit April 8 in the St. Clair County Circuit Court against E. H., a minor, Stephen Hauser, Tara Hauser, Jessica Drake, Benjamin Howes, Freeburg Community High School District No. 77 and O'Fallon Township High School District No. 203.
According to the complaint, A.S. was attending a music event at O’Fallon Township High School on April 13, 2013, when she left to go to the bathroom. Without A.S.’s knowledge, a fellow student, E.H., followed her into the bathroom where he sexually attacked her, according to the complaint.
The lawsuit states that before the event, District 77 officials had received complaints about E.H.’s violent and aggressive behavior, but failed to take action to protect its students from his behavior.
Following the event, E.H. was allowed to continue attending the school while A.S. was placed on home-bound instruction, prohibiting her from attending events at the Freeburg campus, the complaint says.
Because of her inability to visit the school, A.S. was forced to take an AP History exam at a public library, was unable to attend graduation and not allowed to play in the band and was unable to participate in summer band camp, her mom claims. A.S. also suffered severe emotional trauma, significant pain and suffering and adverse impacts upon her enjoyment of life, the complaint says.
A.S. is seeking unspecified compensatory and punitive damages. She is being represented by Matthew Nagel of Bi-State Injury Law Center and Daniel J. Rhoads of The Rhoads Firm.St. Clair County Circuit Court case number 14-L-265.