EDWARDSVILLE — The parents of former middle school students who were allegedly sexually assaulted by a classmate claim the school district failed to provide for their safety.
K.S. and T.S. , as next of friends of Jane Doe 1, a minor, P.R. and T.R., as next of friends of Jane Doe 2, a minor and K.S., as next of friend of Jane Doe 3, a minor, filed a complaint Nov. 20 in the Madison County Circuit Court against the Collinsville Community Unit School District #10 and Wendy Valenti, as next of friend of M.J.H., a male minor, alleging willful and wanton misconduct, common law assault, common law battery and intentional infliction of emotional distress.
According to the complaint, basketball tryouts were being conducted at Collinsville Middle School on Oct. 11, 2017. At the same time, M.J.H. was wandering the cafeteria and hallways unsupervised. Jane Doe 1, who was 13 years old and in eighth grade at the time, was leaving the school gym after tryouts when M.J.H. allegedly confronted her, pulled her into a nearby bathroom and forced her into a handicapped bathroom stall. M.J.H. is accused of forcing Jane Doe 1 to the ground, forcefully putting his penis in her mouth and ejaculating on her.
Then on Dec. 19, 2017, Jane Doe 2, who was 14 years old and in eighth grade at the time, left the school gym during a basketball game after regular school hours to get a soda out of the vending machine. M.J.H. allegedly approached her, grabbed the soda out of her hand and took off running. Jane Doe 2 chased him to retrieve her soda. She followed M.J.H. to the band room, where he allegedly forced her into a closet and placed his hands on her thighs and chest. Jane Doe 2 was able to escape and notified the school resource officer of what M.J.H. had done, the suit states. M.J.H. was allegedly suspended for one week for his actions.
In mid-March 2018, Jane Doe 3, who was 14 years old and in 8th grade at the time, rode the same bus as M.J.H. to and from school. Jane Doe 3 claims M.J.H. sat next to her and attempted to force her to place her hand down his pants and touch his genitalia. He allegedly threatened that he would spread rumors around school about her if she refused. Jane Doe 3 refused the sexual advances.
The suit states that the female students did not grant M.J.H. consent to touch or harm them, nor did they have the capacity to consent due to their minor statuses.
The plaintiffs allege that as Jane Does 1 and 2 were being sexually assaulted, school personnel were present and took no actions to prevent the assault and to ensure female students were supervised as they left the school gym and were on the bus.
As a result of the alleged assaults, the students suffered great bodily injury, severe emotional distress, mental anguish, PTSD, depression, embarrassment and humiliation.
The plaintiffs claim that the school district had knowledge of M.J.H.'s prior inappropriate, offensive sexual acts towards female students and knew that he could cause injury to female students if left unsupervised. The plaintiffs allege the school failed to provide the constant supervision throughout the school day that M.J.H. required.
The school district is also accused of failing to provide for the physical safety of the students, failing to maintain discipline for the safety of students in the absence of their parents or guardians, , failing to supervise M.J.H. at all times, failing to follow mandatory policies and procedures to supervise students to protect them from harm, failing to prevent students from traversing the school unattended and failing to ensure school personnel were present.
The plaintiffs seek compensation of more than $50,000 for each count and all other just relief. They are represented by Ryan Mahoney of Cates Mahoney LLC in Swansea.
Madison County Circuit Court case number 20-L-001664