Arkansas Democrat-Gazette

Huntsville boys team abuse-suit trial is set

Case on calendar for February 2023

- RON WOOD

FAYETTEVIL­LE — A federal judge has set a tentative trial date more than a year out in a lawsuit against the Huntsville School District that claims that members of a boys’ basketball team were sexually abused.

U.S. District Judge Timothy L. Brooks set the case for trial beginning Feb. 13, 2023, in Fayettevil­le.

Brooks last week refused to impose a gag order or close all of the proceeding­s in the case to the public.

In his Dec. 31 order, Brooks recognized the public’s right to view the proceeding­s but said the public’s right to access civil proceeding­s and judicial records are subject to limitation­s to protect legitimate privacy interests.

Brooks will require the use of an identifica­tion key, accessible only to the attorneys and the judge, to mask the names of students and parents involved in live proceeding­s and court filings.

“Much of this case can be heard publicly without identifyin­g the minors involved, and, when specific individual­s must be identified on the record, the identifica­tion key system will protect anonymity in open court,” Brooks wrote. “There may come a point when identifyin­g facts cannot be avoided and closure of an otherwise public proceeding therefore becomes necessary.”

The lawsuit, filed in U.S. District Court in Fayettevil­le by Rebecca Nelle on behalf of her child, identified as B.N., claims that the school district knew students on the boys’ middle school basketball team were being sexually harassed and assaulted by older boys and did little or nothing to stop it.

The complaint alleges federal Title IX violations arising from deliberate indifferen­ce to and actual knowledge of sexual harassment and sexual assault of multiple students; the district’s failure to promptly and properly investigat­e reports of sexual harassment; and claims a hostile education environmen­t was created that denied B.N. and other students access to educationa­l opportunit­ies.

Title IX of the federal Education Amendments Act of 1972 is a law to ensure that all students — male and female — have access and equality in education. It offers a wide range of protection stretching from athletics and admission to housing and sexual harassment.

The district has denied liability and allegation­s in Nelle’s lawsuit. The district has also denied that school officials knew of the abuse and did nothing about it.

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