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The 15-year-old claims the student forced her to carry out the act in his car and while she had to leave he graduated and went to college
A TEENAGE student claims she was expelled after a star athlete at her high school forced her to give him oral sex.
The victim, whose identity is being kept secret as she is 15, was attending Cousino High School in Michigan when the alleged incident happened.
According to a lawsuit, it took place in May 2015, and the teen, referred to as Jane Doe is suing the Warren Consolidated Schools district.
She claims they violated her rights, sexually discriminated against her and she wasn't given staff to liaise with who had been trained to deal with sexual assault allegations.
The star athlete student, who was then 18, was on the basketball, football and track teams.
According to the lawsuit which was filed on Monday, Jane Doe was asked if she wanted to go to his car with him "to chill."
She claims that when they got to his motor he locked the doors and demanded oral sex.
The lawsuit said: "Jane Doe started to comply with John Roe's demand, but then told him it was 'gross' and that she wanted to stop.
"John Roe said, 'oh well,' and then he forcibly pushed Jane Doe's head down toward his lap and forced her mouth onto his p***s."
Jane Doe has taken the law suit out because of how the school dealt with the incident.
Two days after it happened, the assistant principal called the girl in and said there was video proof she had left during school hours.
It was then the teen said she had tried to get away when the male student had forced himself on her.
In the documents it alleges the assistant principal then suggested the girl invited unwanted attention because of the way she dressed.
The teen then went to see a counselor where she was told she could get expelled.
She had to fill out a witness statement without her parents present. She was then told later she couldn't come back to school.
The boy graduated, and went on to college, while the girl was expelled "without any further investigation or inquiry."
The lawsuit is asking for compensation and punitive damages, as the girl had to finish studies online and attend an alternative school, as well as have mental health counselling.
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England down Denmark to reach first Final
Parents anger over disabled son's treatment
Parents anger over disabled son's treatment
IT WAS the horror footage that changed Shane and Leanne Aughterson’s lives forever.
On the May 3, 2016, their son Jalen — a then 16-year-old who has learning difficulties, and an IQ of less than 50 — was forced to perform oral sex on a classmate, who has Down syndrome.
The incident was all caught on camera “selfie-style”, while the pair travelled on a 20-seater supervised school bus to Victoria’s Monash Special Developmental School, which have since cancelled their contract with the bus service provider, Crown Coaches, following the incident.
“You kind of think the kids are safe on the bus,” Mr Aughterson told news.com.au.
“But the supervisor didn’t see a thing [as they were seated at the front of the bus].”
Leanne and Shane Aughterson were shattered when they came across the footage of their son being abused.Source:ABC
During the abuse, Jalen’s mobile phone — which was given to him by his parents to watch movies and listen to music during the morning and afternoon commute — was taken by the other student, who was the same age.
It was then used it to film the oral sex for approximately three minutes.
It is understood the student’s genitalia were exposed during the video.
“Out of luck, Leanne checked Jalen’s phone that night and saw 30 pictures of the boy who abused Jalen,” he said.
“Then she clicked on one of the three videos and saw the first 10 or 15 seconds and couldn’t watch anymore.
“I looked at the phone and was horrified. How this boy forced Jalen into it, I believe he knew what he was doing to Jalen.
“We found the footage at 10pm that night, and a whole range of things go through your head.
“My wife is pretty firey, and she wanted to kill everyone that night.
“He’s such a beautiful boy, it’s just shattering that something like this could happen on a supervised bus. I didn’t sleep well for a few weeks after seeing the video.”
But the upset soon turned to anger for Jalen’s parents, who live in Rowville, Victoria, after they questioned whether this was an isolated incident or not.
“What really worried us is that this was filmed, but how many other times might this have happened without the camera?” Mr Aughterson said.
Jalen Aughterson was sexually abused by another disabled student while on board the school bus.Source:ABC
Following the discovery, Mrs and Mrs Aughterson approached the school with the footage — where they were redirected to the bus company, Crown Coaches, who own the bus where the sexual assault occurred.
“When the bus came the next morning, I went out and told the driver that Jalen wouldn’t be on board that morning because he had been sexually assaulted,” Mr Aughterson said.
“The driver, who had been driving Jalen for five years, went white like he’d seen a ghost.
“After going to the school and showing them the footage on Jalen’s phone, I just broke down watching it again. Once one tear came out, they all came out.”
From there, the school contacted the police. Police advised that unless the Aughtersons were going to press charges against the boy who abused Jalen, there nothing they could do.
“We had to make a decision on what to do, and because we didn’t want to put Jalen in front of a court, and with the other boy being disabled as well, we didn’t press charges,” Mr Aughterson said.
Mr Aughterson is unsure if his son understands what happened on the bus, and if he has been impacted by the abuse.
“I don’t think he understands what happened,” Mr Aughterson said.
“When we ask him what happened, Jalen drops his head and doesn’t want to talk.
“But dropping his head and not wanting to talk is Jalen’s default mechanism, even when we ask about something good he will drop his head.
“But since the incident, Jalen won’t walk past the other kid’s house, who lives down the street from us. When I ask if he wants to go past the boy’s home, he asks to go another way.”
The alleged incident happened on board a Crown Coach.Source:Supplied
Speaking to the bus company, Crown Coaches told Mr and Mrs Aughterson the boy who abused their son had been taken off the bus and would not be on the same bus as Jalen in the future.
It is understood the supervisor on board the bus was reprimanded and put on a different bus run.
“A full review of the incident and how it happened was instigated,” a spokesman for Crown Coaches told news.com.au.
“Immediate measures were taken to ensure an incident of this nature was not repeated. The review outcomes involved a retraining of staff and a reallocation of responsibilities.
“The matter was referred to the police for investigation. We have had no further contact from the police on this matter.”
Just last month, the same bus company came under fire after a child with special needs was forgotten during the school drop-off and spent the day alone in a bus — which reached a temperature of above 30C.
The seven-year-old was aboard a Crown Coaches bus on his way to the Monash Special Developmental School in Wheelers Hill, in Melbourne’s southeast when he was left behind.
The young boy, who slept throughout the day, was found when the bus left the depot to pick up other schoolchildren in the afternoon.
“They keep saying all the right words — that they have learnt and that they have taken action against the individuals, but the sad thing is ... these things just seem to keep happening,” Mr Aughterson said.
“Other things have happened to Jalen on these buses. He came home six weeks ago with a black ear after one kid hit him.
“And then just before the sexual abuse in May, another kid grabbed Jalen’s phone and started screaming profanities into the camera.
“We couldn’t understand why someone didn’t intervene and grab the phone off him.”
Leanne Aughterson wasn’t about to watch the ‘horrific’ footage on her son’s mobile phone.Source:ABC
Mr and Mrs Aughterson admitted the incident with their son made them feel as if they had “failed” Jalen.
“Our son been going to school with this kid for five years and been on multiple camps and school outings with him,” he said.
“But while the other kid has been moved into another class, you still worry. What happens when Jalen goes to the toilet? Who is there to protect him?
“Jalen is so vulnerable, if you used the right tone and speak to him in the right way, you could convince him to eat a dogsh*t sandwich.
“Never in 100 years did we consider this kind of abuse would happen to our son.”
Mr Shane Aughterson appeared on ABC’s 7.30 report, where he spoke of the horrific footage found on his son’s phone.Source:ABC
Mr Aughterson said they had decided to seek legal advice with Shine Lawyers, and within an hour of telling the school they were going public with their story, the Education Department had cancelled Crown’s transport contract with the school.
“Looking after Jalen is challenging, you can never relax when he is around, but these teachers do it with 10 kids, so I praise them for that,” Mr Aughterson said.
“But when I looked into taking legal action, I organised to see the principal, and when I went in there were four people in the meeting room, and they all tried to change my mind [about going to the media].
“They tried to scare us from talking, but I believe if I didn’t go to the media I think Crown Coaches would still have the contract, because it was terminated an hour after our meeting.”
When contacted by news.com.au, the Department of Education and Training said they reported the incident to the police and Department of Health and Human Services, and cancelled the contract with Crown Coaches after deciding the bus company “did not meet the safety standards” required for the students at Monash Special Development School.
The DET were unable to comment on the timing of the bus contract cancellation in relation to Mr Aughterson’s meeting.
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