Surprising to some, this is not an isolated case, reports the Washington Post. Stories like these are emerging throughout the country, according to Neena Chaudhry, general counsel and Title IX specialist at the National Women’s Law Center (NWLC), who filed the complaint on A.P.’s behalf. Chaudhry says girls are being “retaliated” against when they come forward with a claim of sexual assault. Unsurprisingly, race is often a factor.
Retaliation tactics can disproportionately affect young women of color, said Adaku Onyeka-Crawford, director of educational equity at NWLC and one of the lawyers representing the alleged victim. “You see [this kind of response] largely in areas where there are high populations of people of color mostly because those schools tend to rely on harsh disciplinary practices and zero tolerance approaches.”
Fayette County High School violated Title IX. by failing its responsibility to investigate every report of student sexual assault. No one investigated the incident as a sexual assault case, even though A.P. consistently reported that a male classmate forced to perform oral sex against her will.
She told a school counselor what happened, who then told senior administrators, said Onyeka-Crawford. Because the alleged victim “giggled” while describing the assault, the counselor told the administrators he believed the incident to have been “consensual,” according to the complaint. After reviewing videotape of the hallway — which did not capture any footage of the assault — and talking to both the alleged victim and accused, the assistant principal suspended A.P. for 10 days, scheduling a hearing to determine “further disciplinary action.”
Victims of sexual abuse react differently during and after trauma. Giggling sometimes happens when reporting or discussing a sexual assault. It’s not funny—it’s a coping mechanism. And in this case, such a coping mechanism worked against an alleged victim.
A.P. had rights, but she was never made aware of them. Title IX never came up. Again, she should have been advised of her rights when she made the report and put in contact with a Title IX coordinator. Instead, the child was shamed and ostracized.
Many people don’t realize that Title IX applies to K-12 schools, along with colleges and universities, said Chaudhry. While colleges rushed to reform their Title IX policies under pressure from the Obama administration, hiring TItle IX coordinators and streamlining plans for sexual assault investigations, primary and secondary schools, she said, often lag behind, largely free from the kind of media attention that might prompt stricter adherence to Title IX.
During the hearing, there was no evidence submitted that contradicted A.P.’s story, and the accused, “J.,” never testified. Yet in a closing statement, Principal Lane, recommended A.P. be expelled the rest of the year; he also claimed that the alleged victim promised the accused she would give him oral sex for his birthday (something never brought up during the hearing).
A.P. was referred to an alternative school after her expulsion but did not enroll, because J.’s social media accounts mentioned that he might be attending.
It’s been two years since A.P. reported the alleged assault. She’s now 18, and hasn’t attended any school, anywhere since.
From the beginning of time, survivors have been punished, even killed, for coming forward after being sexually assaulted. Hopefully, A.P.'s horrific story will bring forth more awareness—and with that awareness, bring change.