YORK – The mothers of a minor child allege he was the victim of a sexual assault at the hands of an older student in the restroom of his elementary school and have charged the York School District with negligence in failing to prevent that incident.
Jane Doe and Jane Roe (individually and as parents and natural guardians of John Doe, a minor) filed suit in the York County Court of Common Pleas on March 25 versus the School District of York. All parties are of York.
“Plaintiffs are the adoptive mothers and natural guardians of John Doe, a minor. Plaintiffs filed this lawsuit using pseudonyms in order to protect their privacy and because of the fear of further psychological injury if their names were publicly disclosed, as this lawsuit involves facts of the utmost intimacy regarding the sexual assault/rape of a child. Plaintiffs’ true identities are known to defendants and their counsel,” the suit states.
“At all material times, defendant, owned and operated Alexander D. Goode Elementary School, located at 251 North Broad St., York, PA 17403. Defendant had in place policies regarding student safety while on school property. Defendant operated, managed, staffed, organized, maintained, supervised and/or controlled the operations and agents at Alexander D. Goode Elementary School.”
The suit adds the defendant hired, employed, staffed, retained, trained, supervised, managed, contracted, and/or directed certain persons to care for, teach, watch and/or supervise the students at Alexander D. Goode Elementary School – and at all material times, John Doe was under the supervision, care, guidance and instruction of the staff, employees and administration of defendant.
“On or about May 19, 2022, while attending Alexander D. Goode Elementary School, John Doe was sexually assaulted/raped by a bigger student in the classroom restroom. As a result of the sexual assault/rape, John Doe has and will continue to have serious and permanent physical, psychological and emotional injuries,” the suit says.
The suit maintains that the District was negligent in failing to supervise their employees with students in their care at Alexander D. Goode Elementary School, failing to adequately supervise the students, failing to adequately supervise the restrooms at Alexander D. Goode Elementary School and failing to prevent the assailant from entering restroom stall when John Doe already occupied it, among other such instances of negligence.
For one count of negligence, the plaintiffs are seeking damages in excess of the arbitration limits, together with interest and costs thereon as allowed by law.
The plaintiffs are represented by Brad K. Muller of Katherman Briggs & Greenberg, in York.
The defendants have not yet retained legal counsel.
York County Court of Common Pleas case 2024-SU-000895
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com