Facts

A 14-year-old female special education student was sexually assaulted (raped) at her high school by two male special education students on two different days during school hours. The assaults occurred under a building's stairwell. The first assault was on a Friday, the second on the following Monday.

Although 14 years old, the plaintiff functioned at the level of a nine year old.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the school district was negligent in failing to supervise its special education students. The incidents took place during a sixth-period class and the teacher knew or should have known the students were missing from the class but still on campus somewhere. Also, one of the male perpetrators had a history of significant disciplinary problems while attending that high school, and the school should have supervised him very closely. Further, the plaintiff attempted to report the first sexual assault to administrators, but no one took the time to press her about what exactly she was trying to report.

DEFENDANT'S CONTENTIONS:
The school district contended that its supervision was appropriate and that it could not possibly supervise every child at every moment during the school day, even if the children were special education students. The district also contended that the sexual incidents between the three students were consensual. And, even if school security had been in close vicinity to where the assaults occurred, one of the students acted as a "lookout" and would have thwarted anyone from the school seeing any actual sexual conduct.

The school district also disputed the nature and extent of plaintiff's injuries.

Injuries

The plaintiff suffered post-traumatic stress disorder and severe emotional distress.

Result

The case settled for $800,000.