INDIANAPOLIS — A new lawsuit claims Lutheran High School didn’t do enough for one of its students after she accused another student of raping her.
The lawsuit claims Lutheran High School didn’t do its own investigation of the report, as required by Title IX.
Title IX is the federal law that protects students from gender discrimination, including sexual assault. It applies to all schools that receive federal funding.
The lawsuit also alleges Lutheran’s principal refused to enforce a protective order the accuser, Kayla had against the student who she claims raped her. Court documents claim the principal told the girl’s family the responsibility of enforcing the order was on the students involved, not the school.
“I have never seen the justice system give any other defendant such a benefit of the doubt – such due process – more due process that is even required than I have seen them do to people accused of raping women,” Ashley Kincaid Eve, Kayla’s attorney said. “Women are traumatized when they come forward, and not because they have to be, they are traumatized because the system does not care how to support them.”
When the victim decided to switch schools, the victim’s attorney said Lutheran High School did not release her transcripts due to an unpaid balance.
“Defendants demonstrated deliberate indifference to Kayla’s rape by failing to conduct any investigation as required by federal law, failed to discipline the offending student and defendants retaliated against plaintiff’s decision to send Kayla to another school,” the lawsuit alleges.
The student accused has not been charged in the case. The accuser and her attorney say it’s a sign of a larger problem in sexual assault investigations.
“Every single person she trusted to help her, to help make sure this doesn’t go unpunished has failed her,” Ashley Kincaid Eve, the accuser’s attorney said.
We requested a response from Lutheran High School, but have yet to hear back.