Judge: Paper can intervene in suit against district

FAYETTEVILLE — A judge will allow a weekly newspaper in Madison County to intervene in a federal lawsuit against Huntsville schools in opposition of a motion to limit pretrial publicity in the case.

The Madison County Record filed the motion to intervene. The paper argues it has an interest in protecting open proceedings for itself and the public, which creates a legal question between its interests and the School District’s motion to limit pretrial publicity. The paper doesn’t want to be part of the court fight over the allegations made in the lawsuit against the school district, according to its motion.

U.S. District Judge Timothy L. Brooks filed his order Monday allowing the Record to intervene.

“Because the Record is not seeking to become a party to this litigation, its interest in protecting both its own and the public’s access to these proceedings is sufficient to create a common question of law between its claims and the original action,” Brooks wrote.

The motion filed by the School District says the case and all proceedings should be sealed to protect the identity of the victims and other children involved. In its motion to seal, the district argues the lawsuit provides information that could identify every child involved.

Brooks rejected the school’s argument in his order.

The motion also argues survivors and their parents might refuse to participate in law enforcement investigations for fear the children won’t be able to remain anonymous.

“Allowing the Record to intervene for its limited purpose does not, on its own, directly implicate the privacy interests at stake in this case,” Brooks wrote.

The Record wants to intervene for the limited purpose of protecting the public’s right to the judicial proceedings, including the public statements of counsel and parties, according to the paper’s motion.

The Record’s motion argues the public and the parents of children in the School District have especially important interests in a case where there are allegations the district failed to heed warnings about the existence of sexual harassment and assault occurring to children attending the district.

The School District is also seeking a gag order to prohibit attorneys and participants from talking to the media about the case or talking about the case on social media to limit pretrial publicity.

The lawsuit against the school district was filed in U. S. District Court in Fayetteville by Rebecca Nelle on behalf of her child, identified as B.N.

In her suit, Nelle said 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. According to the lawsuit, at least 17 middle school or high school players were victimized and at least one student paid another student not to abuse him.

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.

According to Nelle’s suit, freshman players on the team would “engage in forcible sexual assault against multiple boys’ middle school players by having one or more students holding an eighth-grade team member down while one or more middle school basketball players would engage in what was called ‘baptism’ and ‘bean dipping’.”

“Baptism,” according to the lawsuit, “refers to the placing of one’s genitals on the face and/or in the mouth of another student. “Bean-dipping,” as the term is used in this complaint, refers to placing a student’s rectum and anus on the face and particularly the nose of another student.”

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