Comments on: Special ed student raped by classmate, forced by school to apologize to him, then raped again, lawsuit claims (UPDATED)

By: LilithSativa

LilithSativa — Mon, 22 Aug 2011 16:02:00 +0000

Steve –
The protests are set for this evening, so expect an update late tonight or tomorrow, ok? There is a story in the current edition of the News Leader about it all. http://www.news-leader.com/article/20110822/NEWS04/108220327/Republic-board-says-little-lawsuit?odyssey=tab|topnews|text|FRONTPAGE
and some of our local tv stations did stories on the planned protests as well. It will be interesting to see what comes of all this, and as I said above I will share what I learn.

By: Steve Nickell

Steve Nickell — Sun, 21 Aug 2011 23:14:00 +0000

At the expense of further hypertension (jk), I would very much like to know what happens. Unfortunately, I don’t think the national media will do much, but this story has captured my attention. Like you, I fear that those in power will not listen, and that they have the full obstinacy of entrenched power behind them, i.e. they don’t need to listen.

It’s been a long time since my Rage Against The Machine days, but their lyrics make more and more sense to me as time goes by.

By: LilithSativa

LilithSativa — Sun, 21 Aug 2011 22:48:00 +0000

Steve- Thanks, and trust me when I say I understand how you could overwhelmed by the disgust that the situation brings. I know tomorrow there will be a protest at the school board meeting, and according to local sources more than a few groups will be there. It’s good to see so many upset people my only fear is that those in power won’t listen, and nothing will be done, or come of it. Unfortunately this is a common occurrence in this area. If you are curious to know what happens after the protest/school board meeting I’d be happy to share what I learn.

By: Steve Nickell

Steve Nickell — Sun, 21 Aug 2011 21:04:00 +0000

Sorry Lilith. I guess I missed that part where you actually live in the Ozarks. I just thought you were writing from the comparative safety of one of the coasts and commenting from afar. Given your position, it was a pertinent statement, and I apologize for my rancor. The disgust I felt over the situation got the best of me.

By: Singe

Singe — Sun, 21 Aug 2011 14:23:00 +0000

A horrifying situation to be sure, but pretty much par for the course in the American public school system. When students are abused by other students, administration typically blames the victim for putting this problem in the administration’s lap, generally causing a hassle and more work for them. For some reason they tend not to blame the bullies and rapists for exactly the same reason. At least this is how it worked in the various public schools I grew up in.

By: LilithSativa

LilithSativa — Sat, 20 Aug 2011 00:52:00 +0000

Another report came out this evening about another special needs student being hit by a teacher. http://www.kspr.com/news/local/kspr-family-of-special-needs-boy-claims-republic-teacher-assaulted-him-20110819,0,1029039.story?track=rss

By: Alexa

Alexa — Sat, 20 Aug 2011 00:52:00 +0000

I can’t think of a single instance, and it’s an area in which I have had much experience.

By: Alexa

Alexa — Sat, 20 Aug 2011 00:51:00 +0000

That’s a conservative statistic, too.

By: Alexa

Alexa — Sat, 20 Aug 2011 00:50:00 +0000

It’s true. In upper middle class and rich neighborhoods the same thing happens very frequently, too. Children lack power so anything can be done to them without consequence. It’s horrifying.

By: Alexa

Alexa — Sat, 20 Aug 2011 00:48:00 +0000

I’d be more worried about the adults still in power in the school. What else are they concealing? What other children are being hurt?

By: Alexa

Alexa — Sat, 20 Aug 2011 00:46:00 +0000

Ugh. And if you get raped, it’s your fault and you deserved it. What the hell is wrong with us?

By: llamaspit

llamaspit — Sat, 20 Aug 2011 00:07:00 +0000

Not that you need any help in this, but I have also experienced firsthand the attitude of many of the people of this area, having lived just south of Springfield for quite some time. I still have family in the area. You are quite right that the attitude of repressive sexuality, which is indeed heavily influenced by the many, many evangelical churches to be be found thereabouts, informs much of the “discourse.”

In case you haven’t heard this joke, it was proposed that the churches should ban the experience of having sex while standing up. The reason? They were afraid that others would think they were dancing. It’s not that big of an exaggeration.

Just in case-not a wiccan, and not a lesbian either.

By: LilithSativa

LilithSativa — Fri, 19 Aug 2011 23:36:00 +0000

Steve- I would like to know how is it a perpetuation of a stereotype when I am actually living here, and witnessing it first hand? I live in the Ozarks, a mere 15 minutes from the school in question, and have dealt with this way of thinking all my life.

I posted it as an indicator of the mindset of people in this area. It is
a very conservative region, and there are those in this area who still blame women for the fall of man, original sin, and all that. There
are those who feel it was either her inherently wanton sexual nature
that tempted the boy to do it, or God’s will, as another poster farther
down pointed out.

This is the way some people believe around here, and I don’t see it changing,
even with this situation, any time soon. While many people are very
upset by what happened there are just as many who again feel she is at
fault, or that God wanted it to happen. I don’t understand how they can
believe that way, but they do. So, for the issue at hand, knowing that there are people doing some serious victim blaming, and using their religious beliefs to do so, was pertinent to the conversation, in my opinion. I am sorry you felt otherwise.

As far as their being illiterate- I never indicated as such- in fact I did mention the plethora of colleges in this area that are biblically based.
Oh, and not that it matters, but not a lesbian, nor a wiccan.

By: grolaw

grolaw — Fri, 19 Aug 2011 17:19:00 +0000

We used to have a solid law to mainstream special needs students (to remove them from the institutional education ghetto reserved for disabled students) called IDEA. The Individuals with Disabilities in Education Act – a tool to craft Individualized Education Programs for these students in cooperation with the school’s teachers, administrators, health care providers, parents and the student so that the student could receive the Free Appropriate Public Education that they are entitled to under the law. In Missouri, a free education through the 12th Grade is guaranteed to all under the age of 21 by the State Constitution.

Then came No Child Left Behind with its Draconian penalties for districts that didn’t “test well” on standardized tests. No exclusions or adaptations were made for IDEA students and the districts across the nation began the process of excluding special needs students and not renewing the contracts for the teachers who were qualified to teach these IDEA students.

I have no doubt that Republic R-III had no interest in retaining this young lady where she could have brought down the district’s scores on the NCLB tests. We’ve turned back the clock and IDEA has been amended to the point that it has no relevance – it has no effective enforcement provisions left. Thanks W.

By: grolaw

grolaw — Fri, 19 Aug 2011 17:03:00 +0000

There is a case on file. That’s what caused the Republic R-III School District to issue their press release. Moreover, I’m certain that the plaintiff’s counsel is working on contingency.

Many, many times actions brought under the ADA or Missouri’s Human Rights Act (chap. 213 R.S.Mo) will have nominal “actual damages” (lost income, medical treatment, lost educational benefits in the instant case) but will make the case for an award of substantial emotional distress damages (any young girl raped is going to need therapy – and usually for many years – the violation at any age is devastating, but here we are talking about a disabled child who may require even more extensive therapy due to her disability…) and, the law expressly permits an award of attorney’s fees to the prevailing plaintiff – where a substantial award of fees and costs can be made upon motion to the Court.

Hitting Republic R-III with the atty fees that they run up by defending the indefensible is the only way to deter these jerks. It is money that matters.

Oh, a few Springfield News-Leader letters to the editor have dismissed the whole matter as “God’s will” – let us not overlook the fact that there are no fewer than five bible colleges in Springfield, proper and that a substantial number of televangelists matriculated there. God’s will is a common general response to these horrible crimes/disasters (see, Joplin tornado local coverage.)

By: Steve Nickell

Steve Nickell — Fri, 19 Aug 2011 15:03:00 +0000

Disrespectful conduct, huh? Who would have thought? After all, the Republic Schools system is sooooo deserving of her respect.
And didn’t I read earlier that she had been evaluated as having a pathological need to make people around her happy? She obviously has some form of reduced responsibility, but apparently they have to make her look like she was asking for it and leaving the CYA paper trail. Absolutely despicable.

By: k_v

k_v — Fri, 19 Aug 2011 14:51:00 +0000

Fighting in schools, even to defend oneself, is often verboten and punishable by suspension or expulsion or criminal charges depending on circumstances. Carrying a weapon is rather obviously forbidden. Speaking out didn’t help the first time, and speaking out – with proof – the second time resulted in her suspension for PDA and “disrespectful conduct” (I wonder if the officials responsible for this debacle and her subsequent suspensions are able to be suspended for disrespectful conduct and endangering a minor?). I think a full-time bodyguard is going a bit over the top, and isn’t available to many people attending public school.
How, then, was she supposed to defend herself? The only way I can see her taking adequate precautions in her own self defense in this case (that is available to her without recrimination) involves something that isn’t available because it’s never been made and is something that is ridiculous to even consider by her and her parents – vagina dentata (rather, the Rape-aXe). School systems are charged with the education of our children. They are also to a certain extent charged with their physical and mental welfare, with school nurses, a lunch every day, making sure the kids are okay in the event of a disaster, and are in a sense parental proxies that report to authorities suspected abuse, molestation and other acts that endanger the welfare of the children in their care. If they were not liable for the welfare of children, leaving that entirely to parents, I suspect that many more parents would opt for private and home schools if they could find a way to make that happen. According to the linked articles, this girl was suspended after the second rape for “disrespectful conduct” and “public display of affection,” even after an examination had been done proving that a rape had occurred by the person that pled guilty to it. This is an educational institution that is teaching college-level “CYA at the expense of all others” and very little else.

By: John Kelly

John Kelly — Fri, 19 Aug 2011 14:44:00 +0000

Well it is great to hear the the Republic School district made a statement that the school district is safe for all student. That is a load off my mind based on previous policing the district has demonstrated. :rollseyes:

By: cyrano

cyrano — Fri, 19 Aug 2011 14:09:00 +0000

Are there any attorney’s reading this that would take this case pro bono?

By: Steve Nickell

Steve Nickell — Fri, 19 Aug 2011 13:26:00 +0000

Not sure what you mean by a zombie troll, but I hope you weren’t referring to my comment to James which was neither zombie nor troll. One of the ways in which the system of public education is broken is that it teaches – instills, actually – the concept of learned helplessness. It labels a child with a term like “autism” or “ADD” or some such, and then slams the door on them and leaves them with that title for the rest of their academic career…which will probably be brief. These young adults then labor on under society’s assumptions about their “condition” for the rest of their lives.
And it is the nature of the system to deny the student the assistance to improve their lot. Teachers want to get the student through their class year, or barring that, hand them off to someone else. As a former teacher I know this to be the case through hundreds of observations. Consequently, I no longer teach in the public school system since a person can only take so much heartbreak.
These students must understand, especially in high school, that if they are looking to the system to help them then they are looking in the wrong place. To quote an old saying, “There’s no justice, there’s just us.” Nobody can make your life better but you.

By: Steve Nickell

Steve Nickell — Fri, 19 Aug 2011 13:06:00 +0000

Just unbelievable. Horrible, horrible. And all our horror cannot be answered easily. I used to teach in the public school system, and this is one extreme example of why I quit: The system does damage. I hope the school district pays for this girl’s therapy and that the “teachers” and admins involved go away for a long time for criminal neglect.

By: Steve Nickell

Steve Nickell — Fri, 19 Aug 2011 13:01:00 +0000

That, “Lilith” is a non sequiter load of crap. You just keep perpetuating those stereotypes, though, if it makes you feel better. Stereotypes keep us from dealing with the issues at hand; after all, what else can we expect from those illiterate, Christian Okie bible thumpers?
And people named Lilith are all lesbian Wiccans, right?

By: Leafworth

Leafworth — Fri, 19 Aug 2011 05:09:00 +0000

Grolaw, I think you answered your own question there.

By: blueelm

blueelm — Fri, 19 Aug 2011 04:42:00 +0000

Hey, I saw this reply and it took me a while to respond because I feel a little bad. I didn’t mean to be dramatic or take attention from the subject :( I’m ok.. usually when I get that depressed I just go write a song no one will ever hear (I’m lucky to have some kind of outlet for myself). I’m just going through some stuff in life right now and the nastiness of the world is getting to me more than usual. This particular subject hits a little too close to home so I’m over-empathizing probably. Anyway, since I posted something that alarmed some one I figured I owe an apology/explanation.

By: Sam Striplin

Sam Striplin — Fri, 19 Aug 2011 04:14:00 +0000

not alot gets to me..but this..this is downright disgusting.

By: grolaw

grolaw — Fri, 19 Aug 2011 02:48:00 +0000

Sorry, you’re incorrect. The school district is an arm of the Executive Branch of state government and any lawsuits brought by the Executive Branch are through the state’s highest legal office, the Attorney General of the state. The individual school districts do not have standing, nor statutory authority, to file suit, unless through the auspices of the AG

By: grolaw

grolaw — Fri, 19 Aug 2011 02:37:00 +0000

Ah, but you have to know that a reportable incident took place. Here, the district’s cursory review resulted in a finding that the first assault was a false report – leading to discipline of the victim. No reporting necessary.

They have no personal liability and very, very little professional culpability. At best, letters of censure could be issued (but, they won’t).

By: grolaw

grolaw — Fri, 19 Aug 2011 02:31:00 +0000

They are minors. Juvenile court determinations are not public records. Who knows if the case was referred for prosecution? What if the attacker lacked the capacity to form intent? This path of inquiry does not address the underlying issue of the standard of care due the students by the teachers and administrative staff.

By: grolaw

grolaw — Fri, 19 Aug 2011 02:26:00 +0000

Vigilantism is illegal. How do you help your family member from jail?

By: grolaw

grolaw — Fri, 19 Aug 2011 02:21:00 +0000

Investigate? Why, that would deprive the district of plausible deniability and cost money, too.

Seriously, if any real investigation were undertaken the district might be found to have waived their qualified immunity if the scope of the investigation was unreasonable given the circumstances. From a legal standpoint, what you don’t know is cheaper than finding out happened. And, unless an ADA or Section 504 of the Rehabilitation Act charge was filed by the student’s parents, the district had no legal duty to do any more than a cursory review. Requiring the victim to apologize indicates that a cursory review of the situation was all that was done.

Keep it quiet and under the rug. SOP for Missouri school districts. The Kansas City school district was still segregated in the 1980s when suit was brought to end de facto segregation – a case that ran into the 2000s with J. Russell Clark of the U.S. District Court for the Western District of Missouri, Southern Division the judge at the beginning of the case and J. Dean Whipple was assigned the case after J. Clark’s retirement and death. At one point, J. Clark Ordered taxes raised on all Missouri citizens to pay for the remedy! Why? Because the state’s legislative and executive branches refused to pay for the Brown v. Topeka Board of Education Supreme Court Ordered integration with “all deliberate speed” 30+ years later! No, Missouri School Districts are not in the business of education.