Friday, February 25, 2022

BREAKING: Dec. '21 US Dist. Court Opinion: Damascus HS Plaintiffs state that Defendant [Principal] Crouse... testified at a grand jury hearing that she never reviewed ---’s file to determine if safeguards were necessary. #DamascusHighSchool #Rape

MEMORANDUM OPINION issued December 23, 2021 in civil litigation regarding 2018 rape of football players in Damascus High School locker room. 

Excerpts: 

This case arises from student-on-student assaults that allegedly occurred in a locker room at Damascus High School (“DHS”), located in Damascus, Maryland. Plaintiffs1 , student victims (“Minor-Plaintiffs”) and their parents (“Parent-Plaintiffs”) bring this civil action against Defendants Montgomery County Board of Education (“Board”) and Jeffrey Sullivan, Casey Crouse, Vincent Colbert, Eric Wallich, and Joseph Doody, in their official and individual capacities (collectively, “Defendants”)2 based on their purported failure to implement appropriate supervisory policies and properly investigate claims of abuse while the Minor-Plaintiffs were members of the DHS junior varsity football team...

...Minor-Plaintiffs include Doe #1M, a then-freshman member of the JV team, who was allegedly sexually assaulted by his teammates with a broom in August 2017, and Does #2M, 3M, 4M, three then-freshman members of the JV team, who were allegedly sexually assaulted by teammates with a broom on October 31, 2018. Plaintiffs submit that Defendants facilitated the assaults by allowing certain student-athletes to have “free reign” in the locker room, despite complaints from teachers and parents about the abusive environment that existed there. One player responsible for the October 2018 attack, known as “---”, was known to have a lengthy disciplinary history, which included physical assaults against teachers and students at other Montgomery County schools, causing him to be suspended from those schools based on his violent acts...

...According to Plaintiffs, prior to 2017, certain incidents of hazing took place in high school locker rooms at Montgomery County Public Schools (“MCPS”) other than DHS. Does #1–3 Am. Compl. ¶ 13. 3 Following those incidents, MCPS circulated written documentation to school administrators and coaches regarding such assaults. Id. ¶¶ 19–20. Despite this written notice, students at two different MCPS high schools (neither DHS) were subsequently assaulted in similar fashion. Id. ¶¶ 13, 16. At that point, in July 2018, Defendant Sullivan issued a memorandum to Montgomery County athletic directors and coaches, stressing the MCPS student-athlete supervision policy, which specifically addressed the matter of hazing. Id. ¶ 22. That same summer, at a meeting of MCPS athletic directors, MCPS emphasized the importance of adequate supervision of school locker rooms...

...Plaintiffs make numerous allegations of sexual abuse committed in the DHS locker room, none of which, they submit, were adequately addressed by authority figures at the school. They cite at least one incident occurring in 2016, in which “Victim 1,” a freshman member of the JV football team, fought off sophomores who attempted to rape, sexually assault, and batter him. Id. ¶ 45. The 2017 football season purportedly brought more incidents of abuse of victims, including brooming incidents with at least six freshman victims, including Doe #1M. Id. ¶¶ 46–47. Allegedly, a report of sexual misconduct in the locker room was made directly to Defendant Crouse, then principal of DHS, by a parent, identified as XX...

...No coaches, athletic directors, or administrators, as of that time, immediately contacted law enforcement. Id. ¶¶ 169–179. Instead, Defendant Colbert asked other JV players to investigate the report. Id. ¶ 170. Additionally, Defendant Crouse and her administration undertook an internal investigation into the incident, which in fact revealed that there had been multiple victims and multiple perpetrators. Id. ¶ 179. A school resource officer, however, instructed Defendant Crouse to terminate her investigation and contacted the Special Victims Unit of the Montgomery County Police Department. Id. ¶¶ 179–80. Despite this instruction, Defendant Crouse and the DHS administration continued investigating the incident reports on their own, including conducting interviews with multiple students. Id...

...Plaintiffs state that Defendant Crouse not only ignored warnings about JCA, but also that she testified at a grand jury hearing that she never reviewed ---’s file to determine if safeguards were necessary. Id. Almost immediately following his arrival at DHS, DHS personnel complained to Defendant Crouse and to the DHS football staff that JCA was exhibiting disruptive, inappropriate, and violent behavior...

JOHN DOE #1, JANE DOE #1 JO... by Parents' Coalition of Montg...

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