Wednesday, April 14, 2004

Ex-student sues school over assault

By Cindy Kranz
The Cincinnati Enquirer

FOREST PARK - The parents of a former Winton Woods High School student are suing the Winton Woods City School District for negligence, saying their daughter was sexually assaulted by another student in a school restroom.

The lawsuit, filed in Hamilton County Common Pleas Court, says that in 2002 the girl, identified in the suit as N. Doe, attended school in a classroom for students with disabilities at Winton Woods High School.

School policy requires that, when a student in the self-contained classroom requests permission to leave class, the teacher call the office for an aide to accompany the student, according to the lawsuit.

On Dec. 13, 2002, the girl asked the substitute teacher in her classroom if she could go to the restroom.

The substitute did not call for an aide and allowed the girl to go alone, the lawsuit says.

Clinton Whaley, then an 18-year-old student at the school, was wandering the hallway, entered the restroom and attacked and raped the girl, the lawsuit claims.

On Dec. 31, 2002, Whaley was indicted in Hamilton County on two counts of rape. On Nov. 17, 2003, after a plea agreement, Whaley pleaded guilty to one count of sexual battery. He was sentenced to two years in prison.

The victim's parents claim the district failed to provide proper staffing and supervision, especially for students with disabilities.

The girl, now a senior at another high school, seeks unspecified damages for physical, mental and emotional injuries.

Named in the lawsuit are the Winton Woods Board of Education, Superintendent Camille Nasbe, the former high school principal and the substitute teacher.

Nasbe said Tuesday that she could not comment on active litigation.


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