FAYETTEVILLE, GA — A metro Atlanta woman is suing the Fayette County Board of Education and school officials for being expelled after she reported a sexual assault in high school two years ago. The Lily reported that after the young woman told administrators what happened, they expelled her for “sexual impropriety.”
It was Aug. 23, 2017, when the plaintiff, who’s identified as “A.P.” in court documents, was a 16-year-old sophomore at Fayette County High School. That day, she was sexually assaulted by a male student with a history of sexually inappropriate behavior, the complaint reads.
In after school hours, the reported assailant, identified as “J” in court documents, kept texting A.P. to come into the hallway. They kissed consensually, then he asked for oral sex. When she refused and tried to leave, he grabbed her neck “so hard she fell into a wall.” She was afraid and he pressured her into oral sex, the complaint says.
The next day, A.P. told a teacher and two counselors about the assault, having been assured her report would remain anonymous. One of the counselors broke anonymity and incorrectly told the school administration that the sexual act was consensual, according to the complaint.
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That day, A.P. got a text from the accused attacker asking why he was being called to the office and asked whether she “snitched” on him, the complaint says.
The complaint alleges that while talking to administrators about the incident, which was partially caught on surveillance footage, A.P. asked two assistant principals, Curtis Armour Jr. and Brandi Johnson, if they saw the video of J grabbing her neck. Johnson responded, “it looked like you liked it,” the complaint said.
See the full complaint here.
The school district said in a statement to Patch, in full below, that officials are “providing due process to all students” and added that “[t]he school system has not seen the complaint but will respond through the court proceedings, and fully expects to prevail on the legal and factual merits of the claims.”
Despite her insistence that the sexual act was not consensual, the complaint says, the school administration expelled her without investigating. “The senior administrators not only failed to adequately investigate the assault, but also retaliated against her by expelling her and denying her accommodations necessary for her to learn in a safe and respectful educational environment.”
In a Sept. 14, 2017, letter to A.P.’s mother, the school said that the girl was expelled. She appealed the expulsion, but was denied.
A.P.’s attorneys said in a statement to Patch that the incident was clearly a sexual assault and that under Title IX, the school administration was required to ensure she could continue her education there free from further harassment.
“Instead, school officials retaliated against her by confiscating her phone, placing her in school suspension, suspending her and ultimately expelling her. That’s not only morally wrong, it’s against the law. Our client and all students deserve better.”
A.P. filed the lawsuit on Aug. 23, 2019, exactly two years after the reported sexual assault. The defendants in the case, along with their charges, are:
Fayette County Board of EducationSexual harassmentRetaliationHostile environmentFailure to trainSuperintendent Joseph Barrow Jr.Hostile environmentFailure to trainSupervisory liabilityNegligent/reckless/wanton hiring, training, retention and supervisionPrincipal Dan LaneHostile environmentFailure to trainNegligenceRecklessness/wantonnessNegligent/reckless/wanton hiring, training, retention and supervisionAssistant Principal Curtis Armour Jr.NegligenceRecklessness/wantonnessNegligent/reckless/wanton hiring, training, retention and supervisionAssistant Principal Brandi JohnsonNegligenceRecklessness/wantonnessNegligent/reckless/wanton hiring, training, retention and supervision