Hampton schools sued for $5 million
Suit claims negligence in alleged sexual assault of first grader
A $5 million lawsuit was filed against the Hampton City School Board this summer by the parents of a young girl who claim their daughter was physically and sexually assaulted by another student at an elementary school.
Nikia and Richard Miller, identified in the claim using initials, filed the lawsuit in Hampton Circuit Court. Nikia Miller confirmed it during an interview Friday.
The filing claims that when their daughter was in first and second grade at John Tyler Elementary School, another female student repeatedly assaulted her, urinated on her and forced her to perform oral sex.
The lawsuit claims the defendants were negligent, saying the school failed to protect the child and school personnel should have foreseen these actions because of the other student’s past behavior.
The filing claims that school administrators knew of the other student’s “extreme behavioral issues in school, including her propensity to initiate verbal and physical altercations with other students, for screaming at teacher, for outbursts during class, for throwing things in class, and for complete classroom disruption.” The lawsuit also contends that because of these concerns, the school enrolled the student in the “Therapeutic Day Treatment” program for much of the 201819 school year. The filing states that the program treats students “with serious emotional disturbances.”
The complaint also states that the defendants “knew, should have known, or had reason to foresee” that the student “posed a danger of assault, battery, or harm to other students” when she was not being monitored.
The lawsuit claims the incidents began in 2018-19, and happened in the bathroom
during the “transition time” between when students were dismissed from school and the time that an afterschool program began.
The lawsuit contends that the abuse continued the following year, this time during school hours.
The lawsuit also names as defendants Bryce Johnson and Shante Oniyide, who were at the time the principal and assistant principal of the school, respectively. John Tyler Elementary is now known as Mary S. Peake Elementary.
In its response, the school board denies that school personnel are responsible for any alleged incidents that occurred or that they should have foreseen any of the alleged actions of the other student. The response also states the plaintiff’s claims “are barred by the doctrine of sovereign immunity and/or qualified immunity.”
The board denies some of the allegations made in the complaint, including about the other student’s behavior.
Sometimes the student “would act out to seek attention, but her actions were never a safety risk or presented by way of physical manifestations,” according to the response, which was filed in August. The school board also says that the therapeutic treatment program “provides academic and emotional support for a number of children at school to assist them with fitting into the educational and learning system,” and that the other student’s participation in it was “not a result of ‘extreme behavioral issues.’”
The response also states that the city of Hampton, not the school board, is responsible for the supervision of students who are enrolled in afterschool programs during the “transition time” after school ends and before the program begins.
In response to specific actions that the plaintiffs alleged the other student committed against their daughter, theboard’s response says, “Defendants are without knowledge from which to admit or deny the allegations,” and demand “strict proof.”
The response says school personnel took appropriate action when the Millers’ child first reported to them “any incident” allegedly involving the other child. The response states that the two children were separated immediately after the report and the school suspended the other student and school personnel called Hampton police.
The case has been assigned to Judge Michael Gaten. The school board has moved for dismissal of the lawsuit.