High school student, 15, was 'expelled when she told staff a star athlete, 18, forced her to perform oral sex and was criticized for attracting unwanted sexual attention'
- Female student, then 15, expelled from Cousino High School in Michigan in 2015
- Lawsuit claims she was expelled after reporting sexual assault by male student
- Boy, then 18, allegedly forced her to perform oral sex in his car in school hours
- Assistant principal criticized girl's clothing when questioning her over incident
- Girl was allegedly expelled when male student said the oral sex was consensual
A female student claims she was expelled after reporting that she had been forced to perform oral sex on a star athlete at her high school and was then criticized for attracting unwanted sexual attention, a lawsuit alleges.
The victim, identified as Jane Doe, was a 15-year-old freshman at Cousino High School in Michigan when the alleged incident happened in May 2015.
The girl is now suing the Warren Consolidated Schools district claiming they violated her rights, sexually discriminated against her and failed to properly train staff to deal with sex assault allegations.
The lawsuit, filed by Salvatore Prescott & Porter on Monday, stems from an incident towards the end of the girl's freshman year when she met the male student, then aged 18, who was an athlete on the basketball, football and track teams.
A 15-year-old girl claims she was expelled from Cousino High School in Michigan in 2015 after reporting she was forced to perform oral sex on a star athlete in his car during school hours
During the school day on May 13, 2015, the male student asked the girl if she 'wanted to go with him to his car to chill', the lawsuit states.
The girl agreed but claims when they got into the backseat, the boy locked the doors and asked her for oral sex.
'Jane Doe started to comply with John Roe's demand, but then told him it was 'gross' and that she wanted to stop,' the lawsuit states.
'John Roe said, 'oh well,' and then he forcibly pushed Jane Doe's head down toward his lap and forced her mouth onto his penis.'
The lawsuit is based on what allegedly happened afterwards and how the school dealt with the incident.
Two days after, the girl was called into the assistant principal's office regarding rumors about her and the boy.
When the assistant principal told her that 'the school had video proof' she had left the building during school hours, the girl told them the male student had forced himself on her and she had tried to get away.
The girl is now suing the school district claiming they violated her rights and sexually discriminated against her when she tried to report the sexually assault (file photo)
The lawsuit alleged the staff member responded by criticizing Jane Doe's clothing and suggesting the girl invited unwanted sexual attention because of the way she dressed.
The girl was then taken to see a counselor where she filled out a witness statement form and was told she could be expelled.
She was not allowed to speak to her parents beforehand or to have them present when she was being questioned, the lawsuit claims.
The school later told her parents she was not allowed to return to the school.
Meanwhile, the boy wasn't interviewed until days later with a parent present and he said the oral sex was consensual, according to the suit. The boy graduated went on to college, while the girl was expelled in June 2015 'without any further investigation or inquiry'.
Following her expulsion, the girl had to take online classes and attend an alternative school. The lawsuit says the girl required mental health counseling to cope with the sex assault and the isolation that came from her being expelled.
The lawsuit seeks compensation and punitive damages, as well as injunctive relief requiring the school district to work to prevent sexual assault.
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