RED LION, Pa. — The parents of an elementary school student in the Red Lion School District have filed a lawsuit accusing the district of not reporting the sexual assault of a 5-year-old on a school bus, despite having knowledge of the alleged incident.
The 5-year-old child was sexually assaulted by another student on a Red Lion school bus in October 2023, the lawsuit claims.
The lawsuit, which was filed in U.S. District Court for the Middle District of Pennsylvania, also names Michael Langan, who was principal at Clearview Elementary School at the time of the alleged incident, for failing to report the abuse to ChildLine and for failing to put the victim and perpetrator on different school buses.
As principal, Langan is required by state law to report instances of sexual abuse due to his status as a mandatory reporter, the lawsuit says.
The lawsuit also accuses the school district of violating Title IX laws and of violating the victim's equal protection rights under the 14th Amendment of the U.S. Constitution.
According to the lawsuit, the student accused of assaulting the victim had previously assaulted at least one other student in the past. Langan and other school district officials allegedly knew about the previous incident and also failed to report it, the lawsuit claims.
The lawsuit also claims that the school district's inaction and negligence led to additional assaults against other students.
District officials failed to adequately staff the school bus with monitors "when they knew there was a student with a history of sexual assault" on the bus, according to the lawsuit.
The school bus driver also did not respond to the alleged sexual abuse, failed to report it, and took no action to separate the victim from the perpetrator while they rode on the bus, the lawsuit claims.
The 5-year-old victim suffered emotional distress and experienced symptoms of post-traumatic stress, and their academic performance also suffered, according to the lawsuit.
Langan and the school district were "deliberately indifferent to sexual assault and harassment," and had "actual knowledge" of the alleged assaults but were "deliberately indifferent," according to the lawsuit, which seeks at least $150,000 in damages.
Red Lion School District made the following statement regarding the allegations:
Red Lion Area School District was served with a civil complaint filed February 1, 2024, by the parents of a Clearview Elementary School student identified anonymously in the complaint as Jane Doe. While we typically do not comment on active litigation matters, we vehemently deny the salacious allegations set forth in the complaint. Student safety is of paramount importance to the Red Lion Area School District Board of School Directors, our administrators, teachers, and staff. We are committed to ensuring a safe school environment for all students, including while being transported to and from school.
