PHILADELPHIA – The parent of a kindergartener who was allegedly sexually assaulted by a classmate on more than one occasion has charged the charter school where the assaults took place with not preventing them from happening.
Z.D. (a minor, by her parent and natural guardian Shanae Bridgeford) of Brookhaven first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Dec. 21 versus Chester Community Charter School, of Chester.
“Plaintiff, an African-American female, began her kindergarten school year at CCCS in August 2022. On Oct. 5, 2022, plaintiff was harassed by a boy in her class during the month of September and early October 2022. The harassment included the boy slapping her on her buttocks in the classroom. Plaintiff’s teacher claimed not to have seen the incident when told about it, despite plaintiff reporting the incident to her. CCCS made no effort to contact plaintiff’s mother or separate the boy from plaintiff in class or outside of class,” the suit says.
“On or about Oct. 6, 2022, plaintiff asked the teacher to use the restroom and was granted permission. Plaintiff made her way to the girls’ restroom, but the teacher did not use the walkie-talkie communication device to alert the security guard that plaintiff would be using the restroom. While plaintiff was in the restroom, the room was unguarded. The same boy who smacked plaintiff’s buttocks on Oct. 5, 2022 left his classroom and made his way to the girls’ bathroom that plaintiff was using.”
The suit adds that while the plaintiff was in the bathroom, the boy turned the lights out to the room, pulled the plaintiff’s pants down and smacked her on the buttocks and saw the plaintiff’s genital and buttocks areas. The plaintiff then reported the incident to her teacher, who did not inform the plaintiff’s mother of the assault, per the suit.
“After learning of the incidents from her daughter, plaintiff’s mother confronted the administration at CCCS. CCCS made no efforts to address the incident and expected plaintiff to continue in class and at school with the boy after this assault. Plaintiff was not offered any counseling or other services by the school. CCCS made no effort to investigate the incident and the response by the teacher or security in allowing this incident to happen. Plaintiff has had nightmares, anxiety, fear, depression and other emotional and psychological symptoms since the incident on Oct. 6, 2022. Plaintiff’s mother has sought treatment for plaintiff since the incident. Plaintiff has suffered a decreased interest in school and has expressed fear of school since the incident,” the suit states.
“As a result of the failures of the school and the emotional and psychological toll of the incident and repeated exposure to the boy who assaulted the plaintiff, the plaintiff’s mother enrolled plaintiff in a different school. Plaintiff continues to suffer from emotional and psychological injuries from the assault. Plaintiff’s mother made multiple attempts to resolve the complaints with CCCS, but has been met with indifference, at best, from the officials charged with providing their child with a proper education free from harassment based on her sex. Plaintiff continues to have lasting psychological trauma related to the harassment, assault and intimidation she suffered at the hands of the young boy and others who have mocked her after the incident. Prior to the actions of the boy and the inaction, indifference, and, later, outright refusal to act on the part of CCCS staff, plaintiff has been made to feel that she should forfeit her academic and social life at school and leave the school community. This tragedy is a direct result of the administrators at CCCS.”
The suit accused the defendant of failing to investigate numerous reported incidents of harassment of the plaintiff, failing to report the assault of the plaintiff to authorities as required by law and failing to investigate the assault, among other institutional and procedural failures which led to the assault in question.
For a lone count of hostile educational environment under Title IX of the Education Amendments Act of 1972, the plaintiff is seeking damages in an amount that adequately compensates her for damages, attorneys’ fees, costs and other damages established by plaintiff that are related to defendant’s illegal acts.
The plaintiff is represented by Andrew Justin Thomson and Jared Scott Zafran of the Law Office of Jared Zafran, in Philadelphia.
The defendant has not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:22-cv-05082
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com