Bellingham Public Schools on Thursday denied allegations of mishandling and failing to report the sexual assaults of a student, according to court documents.
In records obtained by Cascadia Daily News, the district responded to a federal lawsuit filed on Dec. 7, alleging that three assistant principals — Jeremy Louzao, Meghan Dunham and Chimere Hackney — failed in their duties as mandatory reporters and engaged in “a pattern of extreme and outrageous conduct,” resulting in the emotional distress of a former Squalicum High School student.
The lawsuit, first reported in The Bellingham Herald, filed by the student’s attorney, accuses the district of violating the student’s civil rights under Title IX, negligent infliction of emotional distress, negligence and intentional infliction of emotional distress.
The school district’s attorneys assert the alleged conduct between two students “was neither ‘abuse’ nor ‘neglect.'” “Abuse” includes sexual contact, which is defined as “any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party,” according to state law (RCW 9A.44.010).
If abuse or neglect is determined, Washington state law (RCW 26.44.030) requires school employees to report an incident to law enforcement.
The school district’s policies differ when responding to sexual harassment and sexual assault. Sexual harassment does not require district employees to report instances of harassment to law enforcement and does not fall within the realm of mandatory reporting, as previously reported by Cascadia Daily News.
The district also asserts it took appropriate steps “to end the harassment” and that the “employees acted in good faith.”
The response acknowledges the plaintiff notified then-dean of students Louzao on Jan. 14, 2022, of incidents involving the perpetrator. The district admits the plaintiff notified the district that the perpetrator tried twice to kiss her neck and go between her legs while in a hallway on campus, despite the plaintiff’s refusals. The perpetrator also allegedly touched her “personal area” at another time, claiming it was accidental.
However, the district denies it knew of further allegations, including attempted coercion to perform oral sex because the plaintiff did not report it.
The district admits it knew the plaintiff felt uncomfortable and said Louzao asked the plaintiff and her guardian if they wanted to go to the police about the allegations. Louzao allegedly investigated the situation, interviewed students and created a no-contact order between the two students.
The incident, according to the response, was recorded in the family notification system, and the school held a meeting with the support team, including employees of the Department of Children, Youth and Families. The district also took additional disciplinary actions to remove the perpetrator from the school.
The district admits Dunham was also contacted by the plaintiff but denies she did not respond, as the complaint alleges. The district alleges Dunham asked the plaintiff to make a written statement, which was the same as the statement Louzao received. Dunham allegedly informed the plaintiff that Louzao would handle the issue.
Hackney denies awareness of the allegation until Feb. 2, 2022 — the day the plaintiff reported the alleged assault to the Bellingham Police Department. The complaint states Hackney was informed by the student on Jan. 17, 2022.
The district also denied the plaintiff was “required” to have a restorative circle. The student allegedly approached Hackney and requested to speak with the perpetrator. “I just want to talk to him. I want him to know what he did,” she allegedly said.
Hackney allegedly received consent from the plaintiff, her guardian, the alleged perpetrator and his guardian and arranged the meeting. The district denies the students were left alone together in the room and claims the students “did a fist bump before leaving.” It denies Hackney said “shake hands and you’ll be fine,” as the complaint states.
The school district also asserts the “plaintiff has failed to take advantage of several established routes for recourse of her complaints” and the plaintiff “had equal or better access to reporting” the conduct to law enforcement and “intentionally elected” not to for several months.
The student reported a sexual assault to Bellingham Police Department on Feb. 2, 2022, police said.
The response also states the injuries and damages are the result of a third party — the perpetrator — not the school district.
The three assistant principals were also charged with failure to report, a gross misdemeanor, by the Bellingham Police Department on Dec. 7, 2022. Hundreds of Squalicum students walked out in protest on Dec. 12, 2022.
The school board approved funding to pay for the assistant principals’ legal defenses on Dec. 14, 2022, and they were moved to administrative roles within the department of teaching and learning on Jan. 3.
Louzao, Dunham and Hackney are expected to appear in court on Jan. 24.
