Alleged Sexual Assaults In Spartanburg Classroom Spur Federal Lawsuits

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Two federal lawsuits have been filed against Spartanburg County school district two – one of seven school districts in Spartanburg County – alleging negligence in the handling of classroom sexual assault complaints. The lawsuits involve the repeated sexual assaults of second grade students by other second graders in their class at Shoally Creek Elementary School during the 2021-2022 school year. 

Two personal injury lawsuits were filed in Spartanburg County by the mothers of two victimized boys in June 2022. These lawsuits were filed in the S.C. seventh judicial circuit by attorney Tyler Rody of Spartanburg, S.C. on behalf of Ansley Lane and Casey Gillespie – and on behalf of two minor children under their guardianship.

They have since been consolidated into one case – which appears to be heading for trial this year. 

The recently-filed complaints address the district’s responsibilities under federal law regarding those same sexual assault complaints – and allege the district has a history of ignoring complaints involving boys. FITSNews reached out to the district for comment, but so far has received no response.  Obviously, in the event that changes we will update our audience with that information.

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Rody said the district’s failure to respond to the sexual assault complaints has “constitutional implications”. 

Under Title IX, schools which receive federal funding have specific obligations when it comes to sexual assault complaints, according to Equal Rights Advocates. Student rights include “having their report of sexual harassment or assault taken seriously and investigated within a reasonable timeframe” and receiving protections like ensuring that the victim can avoid classroom interactions with their harasser.

Rody said those mandates were not followed in these cases – even though the problem was repeatedly brought to the attention of teachers and the school administration. He said the concerns raised by parents were not addressed and the students were not protected from further interaction – or victimization. 

“It goes beyond negligence,” Rody said. “This is deliberate indifference.”

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HOW MANY STUDENTS WERE INVOLVED?

In Spartanburg County, court filings tell the story of a major point of disagreement between the parties regarding the release of information involving other possible student victims. Plaintiffs requested the “full student files of the four (4) minor children, including incident reports, complaints, grievances, communications, meetings, and seating charts” as well as transfer requests for the 2021-2022 school year.

The district argued it has an obligation to protect the privacy of students. However, judge J. Derham Cole did not agree and ruled in November 2023 that the plaintiffs were entitled to the discovery.  

“We won the motion to compel against the children’s names who were involved and to see some of their documents,” Rody said. “There was another issue where defense didn’t want us to have the names of other students who were victims of the same perpetrator. They’re trying to get to where we can’t speak to those parents. So it just seems like they’re investing a lot of energy trying to hide certain information.”

Until that information is released, Rody said he doesn’t know exactly how many children were victimized in that classroom. So far, he is aware of three victims and three offenders – but there may be more.  

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DOWNPLAYING ASSAULTS AGAINST BOYS

The federal lawsuits filed on July 1, 2024 stated that despite multiple incidents of ongoing sexual assaults, harassment and inappropriate touching involving three student offenders and multiple victims, the school ignored transfer requests, took no action to prevent further incidents, took no meaningful action to stop the sexual assaults. The district also neglected to report the incidents to law enforcement or the South Carolina Department of Social Services (SCDSS), according to the complaint.

The filing furhter alleges the district engages in policies that facilitate a tolerance for bullying and harassment – “particularly when the victim is male”. 

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In this particular case, the school administration had knowledge of one offender’s inappropriate behavior dating back to 2019 when he “took a picture of his penis with a school issued iPad and exposed himself to classmates.” However, there was reportedly no incident report, investigation or consequences for the student – and teachers were purportedly not informed of the incident.  

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YOUNGER OFFENDERS, YOUNGER VICTIMS

If the complaints involving Spartanburg second graders aren’t disturbing enough, there is a similar case against the Charleston County school district that involves even younger children – kindergarteners.

A personal injury lawsuit filed in Charleston County common pleas court by Rody on behalf of Alia Ward and a minor child under her guardianship details a series of incidents at the Mary Ford Early Learning & Family Center during the 2022- 2023 school year.

In this case, a kindergarten student was allegedly touched inappropriately ten times within four months by another child in the same class – and subjected to other abusive acts, per Rody. Pleas from the victim’s mother to transfer her son to a different classroom were said to have been ignored – and no action was taken to protect the student from further harassment.

Ward withdrew the child from school in January 2023. The Charleston case is headed for mediation in November with a possible trial date as soon as January 2025. 

Rody said “communication is key” for parents of students who may find themselves in similar situations. 

“I think they should ask for information and know where their child is sitting in class,” Rody said. “Communicate with their children – talk to their children about what other kids in the class are like.”

Equal Rights Advocates offers advice for parents about recognizing signs of trauma with specific guidance for talking to children of various ages about sexual harassment.

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THE FILING …

(U.S. District Court)

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ABOUT THE AUTHOR …

Callie Lyons is a journalist, researcher and author. Her 2007 book ‘Stain-Resistant, Nonstick, Waterproof and Lethal’ was the first to cover forever chemicals and their impact on communities – a story later told in the movie ‘Dark Waters.’ Her investigative work has been featured in media outlets, publications, and documentaries all over the world. Lyons also appears in ‘Citizen Sleuth’ – a 2023 documentary exploring the genre of true crime.

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