Academy School District 20 faces lawsuit after fifth-grader sexually assaulted by classmate

(COLORADO SPRINGS) — Academy School District 20 is currently facing a federal lawsuit and accusations of failing to protect one of its former fifth-grade students from sexual assault.

The lawsuit, filed on Jan. 24 by the parents of the former student, alleges that the school district violated Title IX regulations by not reporting the incident immediately and not taking sufficient measures to ensure the student’s safety.

On Jan. 25, 2022, a fifth-grade boy allegedly groped another 11-year-old female classmate, at Woodmen-Roberts Elementary, while waiting in line for lunch. An incident that ultimately resulted in the boy being charged with two criminal counts, including charges of unlawful sexual conduct in juvenile criminal court.

“[He] approached her from behind, reached both of his arms around to the front of her body, placed his hands on her chest, and began groping her breasts,” the lawsuit describes the incident.

According to Melissa Rueschhoff, the attorney representing the student, the assault lasted for five to seven seconds, during which the victim attempted to defend herself by scratching the assailant’s arms and kicking his leg with the heel of her boot. The incident was captured on school video recordings and was corroborated by witnesses and the offending student himself.

The only adult present at the time, a lunch monitor, was reportedly on their phone, not paying attention. At lunch after the incident, the lawsuit says, the boy, “ran from lunch table to lunch table, bragging to his classmates that [he] ‘got the full package’.”

After lunch, the victim reported the incident to her teacher, who brought her to the school’s office where the girl reported the assault to Principal Nathan Hansen, Vice Principal Jackie Hansen, and a counselor.

The lawsuit alleges that school administrators did not notify the parents or law enforcement about the incident promptly, a violation of Title IX regulations that require immediate reporting.

Rueschhoff asserts that the young girl’s mother was called a few hours after it happened and was initially told there had been an incident at school but there was nothing to worry about. It was only when the child arrived home, emotionally distraught, that the severity of the incident became evident.

The school administrators, prompted by an ultimatum from the girl’s parents, eventually contacted law enforcement the following day.

The lawsuit contends that the school was aware of the accused student’s history of harassment, “and a reputation for inappropriately touching, groping, and squeezing other female students, who took various measures to escape or evade [his] violative behavior.

On that same day, in January 2022, the lawsuit alleges the boy assaulted other female students, prompting varied responses from victims, including running away, assuming the fetal position, or fighting back.

Rueschhoff says numerous reports from multiple girls, including the student herself, led teachers to engage in numerous conversations with the boy throughout the school year about appropriate behavior and maintaining personal boundaries.

The accused boy also had a history of inappropriate behavior at his previous school, having moved to Colorado Springs from Wyoming through the foster care system. Rueschhoff says the boy was recently extradited to Wyoming to face similar charges of violence and sexual assault.

Rueschhoff argues that, given his reputation, the school should have implemented measures such as assigning an adult to supervise him, especially in situations where he could pose a threat to other students.

However, according to the attorney, no accommodations were made, and the only action taken was moving the accused student across the room from the victim.

In the aftermath of the assault, the victim endured significant emotional distress, leading to a two-week absence from school. It was only after Rueschhoff’s intervention that the school took steps to ensure the assailant and victim did not interact and that trusted adults were available for the minor victim to approach if she felt unsafe.

Rueschhoff emphasizes that these actions should have been taken by the school district under Title IX immediately, rather than prompted by legal intervention.

In response to the allegations, District 20 issued a statement to FOX21, expressing an inability to comment on pending litigation but assuring the public that they take appropriate actions to investigate and address reports promptly and impartially, saying in part, “Safety in our schools is paramount. Academy District 20’s foremost priority is to prevent and remedy inappropriate conduct in our schools, thereby maintaining a safe and conducive learning environment for everyone.”

The full statement from Academy District 20 can be found at the bottom of this article

The aftermath of the incident paints a grim picture of the victim’s life post-assault.

The 11-year-old, once a state-ranked swimmer who was on track to train for the Olympics, dropped the sport completely. Rueschhoff revealed that the trauma inflicted during the assault left the girl reluctant to participate in swimming practice, for fear of being seen in a swimsuit.

Currently struggling with depression and anxiety, the once-outgoing and academically accomplished student saw a decline in her academic performance. She eventually changed schools, and by the next school year she was moving to a school district in an entirely different county.

In the interest of shielding their child’s new life and identity, the victim’s family chose not to interview.

Reflecting on the assault’s impact, Rueschhoff remarked, “I mean, it’s a completely different child now than she was on January 24th, 2022.”

Despite the challenges, the victim expresses a profound desire to advocate for change. She hopes to be the last child to endure such a traumatic experience, contributing to the call for justice.

On top of monetary damages, the legal action requests Title IX training for District 20 employees to prevent future incidents and urges the district to contribute to victims’ rights organizations.

Full statement from Academy District 20:

Safety in our schools is paramount. Academy District 20’s foremost priority is to prevent and remedy inappropriate conduct in our schools, thereby maintaining a safe and conducive learning environment for everyone.

The district takes reports of this nature extremely seriously. Consistent with district policy and procedures, the district takes appropriate actions to investigate and address any report, terminate unwelcome behavior, ensure it does not recur, and prevent retaliation at any school promptly and impartially. 

While we appreciate your interest in this particular matter, it would be inappropriate for the district to comment on pending litigation. We are committed to maintaining the integrity of the legal process and respectfully decline to provide further comment.

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