Pierce County school district agrees to settle sexual assault lawsuit for $7.6 million

The Sumner-Bonney Lake School District agreed to pay a $7.6 million settlement to a family that filed a lawsuit that alleged the district failed to protect a 17-year-old Sumner High School student with a disability from being sexually assaulted.

The family and school district finalized the settlement Tuesday, May 30, pending final court approval. The lawsuit was filed Aug. 24, 2021 in Pierce County Superior Court.

Attorney Gregory A. McBroom with Smith McBroom, PLLC, represented the family. He said the girl was assaulted by another student, and that she told investigators the assaults happened from September 2019 to January 2020.

School district spokesperson Elle Warmuth wrote in an email: “Student safety and education are the District’s top priorities. Out of respect for the privacy of those involved and because this was a litigation matter, we are not providing additional comments.”

Theresa Trupp, the student’s aunt and legal guardian, said she doesn’t think the school district handled the situation appropriately.

The lawsuit gives this account:

The student has a disability that limits her cognitive and adaptive skills. She had classes at Sumner High’s developmental learning center from her freshman year up until the assaults came to light Jan. 6, 2020.

Another student from the developmental learning center coaxed her into a boys’ bathroom Jan. 6, 2020 as she was leaving the building, according to the lawsuit. She was 17 years old at the time and the other student was 15.

The lawsuit says he sexually assaulted her in the bathroom. Minutes later a student walked in on them and reported it to school staff. Both students were questioned by the principal and police.

She went to a local hospital for a sexual assault evaluation while he was placed on a two-week disciplinary suspension, according to the lawsuit. She left the high school and transferred to a community-based program while he returned to school. McBroom said the 15-year-old was not criminally charged.

The lawsuit says Trupp was assured her niece would have adult supervision whenever she left the developmental learning center. On Jan. 6, 2020, her niece was supervised only in the morning when staff escorted her from the bus to the center.

School district staff knew she was vulnerable to assaults, according to the lawsuit. Her reading teacher wrote in a special education evaluation that: “She knows the right answer to ‘stranger danger’ but doesn’t know how to actually process that.”

The lawsuit says her adaptive behavior skills standard score between 2016-19 shows her intellectual disability “significantly impacts her ability to safely perform most skills of daily living independently.”

The school district was responsible for protecting her from the risk of sexual abuse especially when teachers and staff were aware of her disability and provided assurances to her aunt that she’d be supervised at all times, according to the lawsuit.

Court documents allege the school district destroyed relevant video surveillance footage 30 days before the assault — per its 30-day destruction policy.

Two video cameras were in the area of the Jan. 6, 2020 assault, according to the court documents. One was pointed toward the bathroom and the other pointed toward other areas of the hallway.

Court documents allege the school district provided only one video, aimed at the bathroom, which had “significant lapses in time.” It doesn’t show her leaving the bathroom. The other videos were destroyed.

McBroom said agencies such as the school district are supposed to hold onto all video surveillance footage, by law, whenever litigation is anticipated.

The school district’s policy regarding sexual harassment states a Title IX Coordinator must get involved. An investigation must occur. Students must get information on recognizing and preventing sexual assault.

Court documents allege the district didn’t follow the procedures listed in its policy.

The lawsuit says the student has been receiving treatment from health care professionals and that the assault has had a “significant impact” to her well-being, and will affect her for the rest of her life.

The family has medical, therapeutic and transportation expenses due to the assault, according to the lawsuit, and it’s also impacted her aunt’s mental health and finances.

Trupp said she’s been supportive of her niece throughout the whole process. However, she said it’s been emotionally and physically draining, and there are times she’s stayed up with her niece at night when she can’t sleep.

Her niece doesn’t socialize as much as she used to and doesn’t hang out with her friends a lot, Trupp said. When her niece goes out, she easily gets upset and triggered.

“She was never like that before,” Trupp said.

Pierce County offers a sexual assault support and information line at 253-474-7273. The Rape, Abuse & Incest National Network also has a hotline at 800-656-4673.