Chattanooga Times Free Press

No Title IX investigat­ion planned into rape report

- Contact staff writer Rosana Hughes at rhughes@timesfreep­ress.com or 423-7576327 with tips or story ideas. Follow her on Twitter @HughesRosa­na. BY ROSANA HUGHES STAFF WRITER

Three months after receiving reports about the attempted aggravated rape of a 15-year-old boy, the Grundy County (Tenn.) Schools system still has not launched a Title IX investigat­ion, Director of Schools Jessie Kinsey said after Tuesday night’s board meeting.

“Not that I’m aware of,” she told the Times Free Press when asked if a Title IX — the federal law that dictates how institutio­ns that receive federal funds respond to allegation­s of sexual misconduct — investigat­ion was ongoing.

Five Grundy County High School students stand accused of attempting to rape a freshman teammate with the metal handle of a dust mop in the high school’s field house on Oct. 11.

Under new Title IX guidelines put in place in September 2017, there is no fixed timeframe for what constitute­s a “prompt” Title IX investigat­ion.

Previously, the Office for Civil Rights specified a 60-day timeframe for investigat­ions to take place. Now, however, the office “will evaluate a school’s good faith effort to conduct a fair, impartial investigat­ion in a timely manner designed to provide all parties with resolution,” according to the United States Department of Education.

While it has yet to take on the Title IX investigat­ion, the school system formed a committee — made up of two board members — shortly after the incident to supervise all internal investigat­ions and report directly to the board of education to ensure transparen­cy in the situation.

However, school board Chairwoman Phylis Lusk, who is on the committee, said she had no comment about internal investigat­ions and said she had “no idea” whether a Title IX investigat­ion was taking place. She said she and board member Chris Grooms, the second committee member, said they had turned over all informatio­n to the district’s Title IX coordinato­rs and those officials would deal with it.

Kinsey said she, too, was not aware of a Title IX investigat­ion.

The events of Oct. 11 were described as “disturbing” by Grundy County Sheriff Clint Shrum.

That autumn morning at around 5 a.m., a group of high schoolers went to the high school’s football field house to work out. It’s unknown how the boys gained access, but the door was left unlocked or had been left open.

“After the workout, a couple of the individual­s began wrestling around,” Shrum said at a press conference. “At some point, one of these participan­ts, by their own admission, grabbed a dust mop with a metal handle and began tapping on the leg and the back of the victim. He then passed the dust mop to another individual.

“It was then that the victim was placed prostrate on the floor with his arms pulled behind his back. His shorts were pulled down and the knee of one of the participan­ts was placed across the back of the neck of the victim as this occurred,” he said.

“Another participan­t held the victim’s legs while he and a third participan­t used a metal dust mop handle to assault the victim,” Shrum said. “As this happened, another participan­t used a phone to record the incident.”

Investigat­ors retrieved the cellphone recording of the assault, in which the victim could clearly be heard shouting, “Stop, stop,” he said.

Shrum said there were no adults present when the assault happened and none of the boys had permission to be in the field house at that hour.

Three days after the incident, thenhead coach Sherman “Casey” Tate was “removed from any and all responsibi­lities related to the football program” and was prohibited from having contact with any of the football players. However, he remained a classroom teacher, and he can have contact with members of the football team if they are students in his classes.

Since then, school board members and school and county officials have remained silent about the incident. Many have refused to speak to the press, while others have agreed to speak but only off the record.

Community members also shy away from the press, claiming not to know anything about the case or any history of sexual misconduct at the schools.

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