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Sex Assault Attorney Whitney Butcher Wins for Her Client

  • October 1, 2024
  • KBA Attorneys
  • No Comments

Victory for Justice: Court Denies Klein ISD’s Motion for Summary Judgment in Title IX Sexual Assault Case

KBA Attorneys have once again stood up for victims of harassment and sexual assault in schools. In a significant victory for our client, parent and minor child, successfully opposed a motion for summary judgment filed by Klein Independent School District. The ruling by the U.S. District Court for the Southern District of Texas marks a pivotal step in securing justice for K.C., a student who was subjected to multiple instances of verbal and physical bullying, including violent sexual assault, during the 2021–2022 school year at Doerre Intermediate School.

Schools Must Pay Attention to Bullying

K.C., a sixth-grade student at the time, endured months of harassment, bullying, and sexualized assault by classmates. His mother, Kristy Chandler, brought forth a claim under Title IX, alleging that Klein ISD failed to protect her son from these heinous acts and did not provide the necessary resources and support to address the trauma he suffered.

The School’s Failure

The lawsuit underscores Klein ISD’s failure to take adequate action, as officials either neglected to report incidents to the school’s Title IX coordinator or dismissed the attacks as unrelated to K.C.’s gender or sex. Despite several meetings with K.C.’s parents and minor disciplinary actions, no substantial measures were taken to prevent further harm, leaving K.C. feeling unsafe and eventually leading him to transfer schools.

The attacks culminated in a physical assault that left K.C. with injuries requiring an emergency room visit. Such egregious acts of sexual violence, coupled with the school district’s inaction, had a profound impact on K.C.’s educational experience, depriving him of the learning environment every child deserves.

A Critical Ruling

Copy of court order

Screen shot of PDF document, court order denying motion for summary judgment

Klein ISD attempted to dismiss the case by arguing that there was no denial of educational benefits to K.C. and that school officials were not aware of the risk of sexual misconduct. However, the court found that there were genuine disputes of material fact regarding the district’s handling of the reported incidents, making it a case that deserves to go before a jury.

Judge Charles Eskridge, presiding over the case, pointed out the starkly different accounts from both sides about what transpired. He emphasized that the reported events – including forcible anal poking, genital grabbing, and sexualized comments – were serious enough to warrant a trial. As a result, the court denied Klein ISD’s motion for summary judgment, allowing the case to move forward.

What This Means for Title IX Victims

This ruling is an important step in holding school districts accountable for failing to protect students from sexual harassment and assault. Under Title IX, schools have a legal obligation to take swift and appropriate action when students report sexual misconduct. Whitney Butcher’s successful opposition to Klein ISD’s motion sends a clear message: schools cannot avoid liability simply by downplaying or mishandling allegations of abuse.

At KBA, we are committed to standing up for the rights of students and their families in these challenging cases. This victory exemplifies our firm’s unwavering dedication to fighting for justice in the face of institutional failures. As the case proceeds to trial, we remain hopeful that K.C. and his family will receive the justice and compensation they deserve for the profound impact these traumatic events have had on his education and well-being.

Contact KBA for Help

If you or a loved one has experienced sexual harassment or assault in a school setting, you have legal options. Contact KBA for a free consultation to learn how our experienced Title IX attorneys can help you pursue justice.