Judge dismisses Macon suit stemming from 2012 Northeast High rape case

A federal judge has dismissed a discrimination case against the Bibb County school system that stemmed from an alleged rape at Northeast High School in 2012.

In the lawsuit, the mother of the alleged victim contended that her daughter had been subjected to discrimination by the school district after her daughter’s case was transferred from Bibb County campus police to the Macon Police Department.

Under the federal Title IX law, no person can be subjected to discrimination under any education program or activity that receives federal funding.

The school investigation found that near the end of a school day in January 2012, the girl, 16 years old at the time, was summoned from a classroom by another student. Minutes later she was in a restroom, where several boys took turns having sex with her, according to a campus police report.

The girl’s mental age at the time was 9, one of her attorneys said. She suffers from schizophrenia, “problematic anxiety” and mental retardation, according to the lawsuit.

The plaintiffs contended that the school district “abdicated its investigatory responsibility” under Title IX by not continuing to investigate “what actually happened” in the restroom after the victim had recanted her story to MPD.

Additionally, the plaintiffs contended that the district wanted to discredit its own investigation and was seeking an alternative conclusion about what had happened when it transferred the investigation to Macon police.

In his ruling, Judge Marc Treadwell said “there was no indication the MPD would upset the investigation,” adding, “Even if this is true, ... the plaintiffs do not explain how alleged discrimination by a law enforcement agency not affiliated with a federal funding recipient constitutes a Title IX discrimination.”

After the girl recanted her statement, the judge noted that she was issued a charge letter from the school district but was never subject to discipline because her actions were said to be a manifestation of her disability.

There is no evidence that the school district subjected the girl to any further discrimination, according to the judge’s order. He added that none of her educational benefits were ever terminated.

The girl received home school support from the district throughout the rest of that school year and additional help over the summer to help her catch up academically.

The mother requested that the school district then pay for her daughter to attend Woodfield Academy, a small private school in Macon, the following year.

The district agreed and monitored the girl’s progress at the school. She graduated in 2014.

“Although I am pleased with the trial court’s decision, I can make no further comment because this is still technically pending litigation,” Jason Downy, a school board member, said.

The plaintiffs’ attorney could not be reached for comment.

To contact writer David Schick, call 744-4382 or find him on Twitter@davidcschick.

This story was originally published September 1, 2015 at 6:14 PM with the headline "Judge dismisses Macon suit stemming from 2012 Northeast High rape case ."