ELECTRONICALLY FILED - 2018 Aug 14 11:08 AM - WILLIAMSBURG - COMMON PLEAS - CASE#2018CP4500359

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) FOR THE THIRD JUDICIAL CIRCUIT
COUNTY OF WILLIAMSBURG ) CIVIL ACTION NO. 2018-CP-45-________
)
L.C., as the parent and natural )
guardian of JANE DOE, a minor. )
)
Plaintiff, ) SUMMONS
)
vs. )
)
WILLIAMSBURG COUNTY SCHOOL )
DISTRICT )
Defendant. )
____________________________________)

TO THE DEFENDANT ABOVE NAMED:

YOU ARE HEREBY SUMMONED AND REQUIRED to answer the Complaint in this

action, of which a copy is herewith served upon you, and to serve a copy of your Answer to said

Complaint on the below subscribed attorney at 207 East Third North Street, Summerville, SC

29483 within thirty (30) days after the service hereof exclusive of the day of such service; and if

you fail to answer the Complaint within the time aforesaid, the Plaintiff in this action will apply

to the Court for the relief demanded in this action and judgment by default will be rendered

against you in the relief demanded in the Complaint.

KNIGHT & WHITTINGTON, LLC

/S/Matthew Douglas__________________
Matthew T. Douglas, S.C. Bar No. 76147
207 East Third North Street
P.O. Box 280
Summerville, SC 29484
(843) 821-9700
ATTORNEY FOR PLAINTIFF
Summerville, South Carolina

August 14, 2018

 ELECTRONICALLY FILED - 2018 Aug 14 11:08 AM - WILLIAMSBURG - COMMON PLEAS - CASE#2018CP4500359
STATE OF SOUTH CAROLINA ) COURT OF COMMON PLEAS
) FOR THE THIRD JUDICIAL CIRCUIT
COUNTY OF WILLIAMSBURG ) CASE No.: 2018-CP-45-
)
L.C. as the parent and natural guardian of )
JANE DOE, a minor, )
)
Plaintiff, ) COMPLAINT
) (Jury Trial Demanded)
vs. )
)
WILLIAMSBURG COUNTY SCHOOL )
DISTRICT, )
)
Defendant. )
____________________________________)

Plaintiff L.C., as the parent and natural guardian of Jane Doe, a minor, by and through

undersigned counsel, complains of the above-named Defendant and comes now to allege and

show unto the Court the following:

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is a citizen and resident of Williamsburg County, South Carolina. Because

the minor Plaintiff Jane Doe is under the age of eighteen (18) and a victim of sexual conduct, she

is referred to in this public filing by pseudonym to maintain the confidentiality of her identity. The

minor Jane Doe is represented in this action by her mother and natural guardian, L.C. In order to

protect the identity of the minor, it is necessary to also identify her mother by pseudonym.

Defendant has been informed of the identity of the minor and her mother by separate

communication to maintain the confidentiality of that information.

2. Defendant Williamsburg County School District (“WCSD” or “Defendant”) is a

school district, as defined in S.C. Code Ann. § 59-17-10, and a political subdivision, as defined

in S.C. Code Ann. § 15-78-30(h), having agents, employees, offices, or properties in

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Williamsburg County, South Carolina. At all times relevant to this Complaint, WCSD was acting

by and through its agents, servants, employees and/or officers.

3. Kingstree Middle Magnet School (“KMMS”) is an entity operated by Defendant

which is an agency, subsidiary, political subdivision and/or governmental entity of the State of

South Carolina.

4. At all times complained of herein, the administrators, faculty, staff, agents,

servants, and/or employees of KMMS and/or WCSD were acting within the course and scope of

their employment with, and as an agent, representative, servant, and/or employee of the

Defendant.

5. This Court has jurisdiction of the parties and subject matter hereof.

6. Venue is proper in this Court because the most substantial acts and/or omissions

giving rise to the causes of action alleged herein occurred in Williamsburg County, South

Carolina.

FACTUAL ALLEGATIONS

7. On January 7, 2016, Plaintiff Jane Doe was a student at KMMS, and located on

the school’s premises during school hours, when she was sexually assaulted by three male

students at KMMS. For the purposes of this complaint, the student attackers (“SA”), also minors,

shall be referred to as SA1, SA2, and SA3. The identities of the student attackers have been

provided to the Defendant in the same manner set forth in paragraph 1 above.

8. That the sexual assault of Plaintiff Jane Doe occurred in the boy’s locker

room/bathroom after one or more of the student attackers suddenly and forcefully pulled Jane

Doe, against her will, into the bathroom located in the boy’s locker room of KMMS as Jane Doe

walked down the hallway to gym class.

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9. Once the student attackers pulled Jane Doe into the boy’s locker room/bathroom,

two of the attackers held Jane Doe down by her hands and feet causing her to be immobilized and

vulnerable while the third attacker pulled her pants and underwear down. Thereafter, the attackers

took turns holding her down while climbing on top of her against her will and sexually assaulting

her.

10. Upon information and belief, SA1 and SA2 were supposed to be in gym/PE class

at the time they sexually assaulted Jane Doe and SA3 should have been in a classroom not in the

vicinity of the locker room.

11. Immediately after the assault, Jane Doe reported to faculty, teachers, staff,

employees, servants agents and/or administrators of the Defendant that SA1, SA2, and SA3 had

pulled her into the locker room/restroom, sexually assaulted her, and attempted to rape her.

12. Upon information and belief, after the referenced sexual assault on Plaintiff Jane

Doe, faculty and administrators of KMMS were aware that Plaintiff Jane Doe alleged that the

three student attackers pulled her into the bathroom, against her will, and proceeded to sexually

assault her. Despite this information, KMMS teachers, staff, faculty, servants, agents, employees

and administrators did not conduct an appropriate investigation and did not report Jane Doe’s

allegations to law enforcement or any other appropriate agency.

13. At all times relevant herein, the Defendant failed to report student on student

sexual misconduct and harassment allegations in violation of S.C. Code Ann. § 59-24-60 and §

63-7-310, including but not limited to failing to report the alleged sexual assault and attempted

rape on Jane Doe.

14. At all times pertinent to this action, the Assistant Principal of KMMS was Mack

Burgess (“Burgess”) and the Principal was Hester Gadsden (“Gadsden”).

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15. After Jane Doe reported the sexual assault to the Defendant, WCSD placed Jane

Doe in the same room with SA1, SA2, and SA3. At that time, one of the three male students

admitted to faculty, administrators, and/or staff of KMMS that the boys pulled Jane Doe into the

locker room against her will to have sex with her.

16. Mack Burgess knew of the referenced admission of one of the attackers and of

Jane Doe’s allegations of sexual assault. In response thereto, no further investigation was

conducted by the Defendant and Mack Burgess told Jane Doe that she was being suspended or

expelled for engaging in sexual misconduct in the boy’s restroom despite her unqualified

allegation that SA1, SA2, and SA3 sexually assaulted her against her will. Jane Doe was then

given a suspension note, signed by Mack Burgess, which states, “1. Student was in unauthorized

area – boy’s restroom; 2. Sexual misconduct.” Then, on the same day as the attack, Defendant

made Jane Doe return to class and ride the bus home.

17. While on the bus ride home from school, Jane Doe was humiliated and harassed

by other students regarding the incident in the boy’s locker room/restroom that day.

18. After Jane Doe was on the bus, a KMMS teacher or staff member called Jane

Doe’s mother and told her that her daughter was being suspended from school “for being in an

unauthorized area, the boy’s restroom, and for sexual misconduct.” Jane Doe’s mother asked for

additional information but was told by the KMMS representative that she could only tell her what

Mack Burgess had written on the suspension paperwork.

19. After Jane Doe arrived home from school, Jane Doe and her mother reported the

sexual assault to Kingstree Police Department and went to the police department to provide

statements.
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20. In response to Jane Doe’s allegations, on or about January 8, 2016, the Assistant

Chief for Kingstree Police Department (“KPD”) and other law enforcement officer(s) went to

KMMS to conduct an investigation.

21. When KPD arrived at KMMS, Burgess escorted the KPD investigators/officers

into his office. While in his office, KPD asked Burgess to explain the incident involving Jane

Doe the prior day. In response, Burgess stated that Jane Doe walked into the boy’s restroom.

Burgess was then asked by KPD what Jane Doe had told him the previous day. In response,

Burgess stated that Jane Doe told him she was pulled into the restroom.

22. During the meeting between Burgess and KPD, Principal Gadsden entered the

room. Thereafter, KPD asked Gadsden and Burgess what the school’s policy was regarding

when to notify law enforcement. In response, Gadsden and Burgess could not, or would not,

provide a respond. After further questioning, Burgess finally pulled out a school handbook and

read to the investigators/officers a policy that stated law enforcement was to be informed

concerning allegations of student on student sexual misconduct.

23. Upon information and belief, during the meeting with KPD, Burgess and Gadsden

mislead and withheld information from the investigators/officers because they wanted

investigators/officers to reach the conclusion that any sexual misconduct was consensual.

24. Upon information and belief, WCSD wanted the incident involving Jane Doe to

be found consensual because Defendant perceived such a finding to be in the best interest of

WCSD.

25. Upon information and belief, after the meeting with Burgess and Gadsden, KPD

and Burgess proceeded to walk to the front entrance to the boy’s locker room/restroom at which
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point they observed a camera pointed at the location where Jane Doe said she was pulled into the

restroom.

26. When asked about the camera, Burgess told the officers/investigators that the

camera was broken. Since the attack on Jane Doe occurred shortly after students had returned

from the holidays, officers/investigators asked Burgess why the camera had not been repaired

over the Christmas/New Year holiday. In response, Burgess said he didn’t know how to fix a

camera.

27. On January 8, 2016, while KPD officers/investigators were at the school

interviewing other teachers and staff regarding the incident involving Jane Doe, Principal

Gadsden intervened and tried, and did, hurry/rush/escort the officers/investigators off of school

grounds.

28. On January 8, 2016, after the Kingstree Police Department officers and

investigators left KMMS they traveled to the office of WCSD Superintendent, Carrie Brock.

When KPD asked Ms. Brock what she knew about Jane Doe’s allegations, Ms. Brock stated that

“she had heard some of what was going on at the school” but asked the officer to “fill her in.”

Later, in the same meeting, Ms. Brock informed the officers/investigators that law enforcement

should have been called. At the close of the meeting, Ms. Brock asked that the Kingstree Police

Department to notify her as to the findings of their investigation.

29. During the course of law enforcement’s investigation into Jane Doe’s sexual

assault allegations, the Defendant, by and through its agents, teachers, administrators, staff,

servants, and/or agents impeded the Kingstree Police Department’s investigation by: refusing to

notify law enforcement of Jane Doe’s allegations; refusing to conduct an appropriate

investigation; refusing to provide requested information; providing knowingly false statements

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to officers/investigators; and in such other ways as alleged herein and as may be shown at the

trial of this case.

30. The Defendant knew or should have known that SA1, SA2, and/or SA3 were

dangerous to female students and that it was reasonably foreseeable, and likely, that they would

assault female students at KMMS, including but not limited to Plaintiff Jane Doe.

31. The Defendant, by and through the acts and omissions of its administrators,

faculty, employees and agents knew or should have known that SA1, SA2, and/or SA3 had

engaged in sexual misconduct with other minor female students of KMMS on the school premises

prior to the assault on Plaintiff Jane Doe and that SA1, SA2, and SA3 posed an imminent and

serious threat to the safety and well-being of Jane Doe and other similarly situated female minor

students at KMMS.

32. Prior to the sexual assault of Jane Doe, other minor students at KMMS reported

to teachers, faculty, staff, and administrators of the Defendant that SA1 had engaged in sexual

misconduct and unwanted sexual acts/assaults on other minor female students of KMMS on

school grounds during school hours.

33. Upon information and belief, prior to the sexual assault of Jane Doe, other minor

students at KMMS reported to teachers, faculty, staff, and administrators of the Defendant that

SA2 and/or SA3 had engaged in sexual misconduct and unwanted sexual acts/assaults on other

minor female students of KMMS on school grounds during school hours.

34. Upon information and belief, prior to the sexual assault on Jane Doe, SA1 was

suspended for one (1) day for allegedly sexually penetrating a minor female KMMS student with

his finger(s) against the student’s will. Said discipline was in violation of the school’s policy
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which required a minimum of 10 days suspension for a first offense of sexual misconduct and an

expulsion hearing after a second offense.

35. Upon information and belief, prior to the sexual assault on Jane Doe, it was well-

known amongst KMMS employees, staff, faculty, agents, servants, teachers, and administrators

that SA1, SA2 and/or SA3 were very likely to continue to sexually assault minor female KMMS

students on school grounds during school hours if they were ever left unsupervised for any period

of time at the school.

36. That Defendant left SA1, SA2, SA3, and Jane Doe unsupervised for an

unreasonably excessive and inappropriate length of time before and during the attack on Jane

Doe.

37. That after the attack on Jane Doe, SA1, SA2, and SA3 were permitted to continue

attending WCSD schools including KMMS, without adequate supervision or safety procedures

in place.

38. That after the attack, Jane Doe transferred to D.P. Cooper Charter School in

Kingstree, South Carolina, which is another public school in the Williamsburg County School

District.

39. That after Jane Doe transferred to D.P. Cooper Charter School, SA1 was permitted

to, and did, transfer to D.P. Cooper Charter School while Jane Doe was attending D.P. Cooper.

40. That WCSD attempted to conceal allegations of student on student sexual

misconduct at KMMS before and after the incident involving the minor Plaintiff Jane Doe in

complete disregard for the safety and rights of KMMS students in the following particulars: a)

refusal to report sexual misconduct involving minors to law enforcement and other appropriate

third parties; b) refusal to conduct an investigation into sexual assault allegations involving
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minors and allegations of sexual misconduct involving students generally; c) failing to provide

training to KMMS faculty, staff and employees regarding responding to and investigating

allegations of sexual misconduct involving minors; d) not following discipline procedures

following acts of sexual misconduct by minor students at KMMS; and e) in such other ways as

alleged herein and as the evidence at trial may show.

41. Prior to the sexual assault of Plaintiff Jane Doe, Defendant WCSD had actual and

constructive knowledge that SA1, SA2 and/or SA3 posed a serious and imminent threat to the

safety and well-being of minor female students at KMMS both before and after the sexual assault

on Plaintiff Jane Doe.

42. Prior to the sexual assault of Jane Doe, during the 2015-2016 school year, there

were other instances at KMMS of student on student sexual misconduct, harassment, and

discrimination that were known to the Defendant but not properly addressed, investigated or

reported.

43. WCSD did not follow its own disciplinary procedure before or after the above

referenced sexual assault/attempted rape in regards to SA1, SA2 or SA3 or their victims before

and after the attack on Jane Doe.

44. WCSD did not follow its own investigative and disciplinary procedure after the

assault/attempted rape in regards to Plaintiff Jane Doe.

45. WCSD did not follow its own investigative procedure regarding sexual

misconduct allegations involving minor students before and after the sexual assaults on Jane Doe.

46. Despite Defendant’s actual and constructive notice that SA1, SA2, and/or SA3

posed a serious and imminent threat to the safety and well-being of Jane Doe and other minor

female students at KMMS prior to January 2016, WCSD failed to exercise even a slight degree
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of care regarding: Jane Doe’s safety; the safety of female minor students on school grounds

during school hours; supervision, custody or control of SA1, SA2, and/or SA3; supervision,

custody or control of Jane Doe and other female minor students; and all other ways as may be

shown at the trial of this case.

47. Despite Defendant’s actual and constructive notice, prior to January 2016, that

WCSD’s policies and procedures, if any, had created an environment of consistent, pervasive,

and regular student on student harassment and sexual misconduct, KMMS nonetheless refused

to follow its own policies and procedures, or implement new policies and procedures, which

would appropriately address the dangerous and harmful environment then existing at KMMS.

48. As a result of the sexual assault by SA1, SA2, and SA3, and the acts and/or

omissions of the Defendant prior to the assault of Jane Doe at KMMS, Plaintiff Jane Doe has

suffered damages including but not limited to physical injury, loss of enjoyment of life,

psychological injury and counseling, medical treatment, pain and suffering, emotional distress,

inability to obtain a public education without sexual discrimination and harassment, inability to

trust adults in positions of authority, difficulty in maintaining intimate relationships, inability to

receive an education free from sexual misconduct, harassment and discrimination, and for any

future physical manifestations of distress and injury as the minor Plaintiff matures, which appears

likely at this time.

49. As a result of the actions of Defendant after the sexual assault/attempted rape on

Jane Doe, the minor Plaintiff Jane Doe has suffered damages including but not limited to severe

emotional distress, injury, severe anxiety, psychological injury and counseling, pain and

suffering, emotional distress, loss of enjoyment of life, inability to trust adults in positions of

authority, inability to receive an education free from sexual misconduct, harassment and
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discrimination, and for any future physical manifestations of distress and injury as the minor

Plaintiff matures, which appears likely at this time.

CAUSE OF ACTION
Gross Negligence – Tort Claims Act

50. All allegations of the preceding paragraphs are hereby incorporated and alleged

as if fully set forth herein verbatim.

51. At all times as set forth herein, WCSD owed the Plaintiff a duty: to supervise,

protect and exercise control over its students with the appropriate level of care and not in a grossly

negligent manner; to refrain from exhibiting a conscious disregard for the safety and well-being

of its students; to supervise, protect, and control students activity on the premises at Kingstree

Middle Magnet School so as to provide the minor Plaintiff and other similarly situated individuals

with a safe, educational, and harassment-free environment to receive a public education; and all

other duties and responsibilities set forth by the law of the State of South Carolina, industry

standards, and Defendant’s own policies and procedures.

52. At all times as set forth herein, WCSD owed the Plaintiff and similarly situated

individuals, a duty to supervise, protect, and control the activity of students by following

disciplinary, investigative and reporting procedures mandated by South Carolina law and WCSD

policies/guidelines.

53. WCSD, by and through its administrators, employees, agents and faculty knew or

should have known, before the assault on Jane Doe, that it was reasonably foreseeable and likely

that SA1, SA2 and/or SA3 would sexually assault, or otherwise engage in sexual harassment and

misconduct with, KMMS female students on school grounds during school hours but nonetheless

exercised control, custody and supervision of KMMS students in violation of S.C. Code Ann. §

15-78-60 (25).
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54. Based on the knowledge, actual or constructive, of WCSD, SA1, SA2 and/or SA3

should not have been enrolled at KMMS at the time of the assault on Jane Doe or, at the least,

the school should have ensured: that they were not permitted to roam the hallways; that they were

accounted for at all times; that they would never be left unsupervised; that they never be left

alone with female students; that they be kept out of the girls’ bathroom; and that the appropriate

level of care would be exercised to make sure they would not continue to sexually assault female

students on school grounds during school hours.

55. The incidents described above and the Plaintiff’s resulting damages and injuries

were directly and proximately caused by the grossly negligent, reckless, willful, and/or wanton

acts and omissions of Defendant WCSD, by and through its agents, servants, and/or employees

in, at least, one, more, or all of the following particulars:

a. In those ways set forth in the preceding paragraphs;

b. Failure to apply corrective measures when staff, employees, agents, and/or

servants do not properly implement policies and procedures regarding
supervision, protection, control of students and recognizing and preventing
student on student sexual misconduct and those likely to engage in sexual
misconduct;

c. Failure to terminate the employment of staff, employees, agents, and/or servants

who routinely ignore corrective measures applied to implement said policies and
procedures regarding supervision, protection, control of students and recognizing
and preventing student on student sexual misconduct and those likely to engage
in sexual misconduct;

d. Failure to hire and train staff, employees, agents, and/or servants to properly
supervise, protect, control students, and recognize and prevent student on student
sexual misconduct and those likely to engage in sexual misconduct;

e. Failure to follow policies and procedures regarding supervision, protection,

control of students and recognition and prevention of student on student sexual
misconduct and those likely to engage in sexual misconduct;
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f. Failure to train and monitor staff, employees, agents, and/or servants to follow
policies and procedures regarding supervision, protection, control of students and
recognition and prevention of student on student sexual misconduct and those
likely to engage in sexual misconduct;

g. Failure to supervise staff, employees, agents, and/or servants in applying

supervision methods when students, like Jane Doe, have been the victim of a
sexual assault at the hands of another student;

h. Failure to recognize and prevent the escalation of sexual discrimination and

misconduct against students by other students, including but not limited to Jane
Doe;

i. Failure to train staff, employees, agents, and/or servants in recognizing and

preventing the escalation of student on student sexual misconduct;

j. Failure to prevent student on student sexual discrimination and misconduct to

escalate into causing physical harm;

k. Failure to train staff, employees, agents, and/or servants in proper procedures to

notify law enforcement and/or other proper authorities and/or third parties when
a student alleges she has been the victim of sexual misconduct at the hands of
another student on school grounds and during school hours;

l. Failure to implement adequate supervision, security or safety measures designed

to prevent or substantially reduce the likelihood of student on student sexual
misconduct and discrimination, including but not limited to sexual misconduct
and discrimination that results in personal injury like that experienced by Jane
Doe;

m. Conscious failure to train and monitor its staff, employees, agents, and/or servants
with regard to supervision;

n. Conscious failure to train and monitor its staff, employees, agents, and/or servants
with regard to student on student sexual misconduct and discrimination;

o. Conscious failure to prevent instances of student on student sexual misconduct

and discrimination;

p. Conscious failure to report allegations or instances of student on student sexual

misconduct and discrimination to the proper authorities, including law
enforcement;

q. Conscious failure to train and supervise its staff, employees, agents, and/or
servants with regard to investigations into allegations of student on student sexual
misconduct and discrimination;
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r. Conscious failure to follow disciplinary policies and procedures that relate to
student on student sexual misconduct;

s. Failing to provide necessary and appropriate protection to Jane Doe while in the
care, custody, and control of the Defendant;

t. Failure to properly observe, implement, and follow disciplinary policies and

procedures relating to instances of student on student sexual assault and
discrimination;

u. By failing to observe, adhere to, or follow state and federal laws governing the
reporting of and response to sexual harassment, sexual discrimination, and sexual
abuse, namely S.C. Code Ann. § 63-7-310 and Title IX, 20 U.S.C.A. §1681(a);

v. By failing to properly supervise SA1, SA2 and SA3 while they were students and
while on the Kingstree Middle Magnet School premises despite knowledge and
information of the threat SA1, SA2 and SA3 posed to the minor Plaintiff and other
minor female students;

w. By enabling and allowing SA1, SA2 and SA3 to use the Kingstree Middle Magnet
School property and facilities for engaging in sexually inappropriate conduct and
behavior with the minor Plaintiff and other female students;

x. By intentionally failing to conduct a proper investigation so that the multiple

instances of sexual assault by SA1, SA2 and SA3 on school grounds, before, after
and including the assault of the minor Plaintiff, would not become known publicly
or subject the Defendant to liability;

y. That the sexual assault of the minor Plaintiff was a foreseeable and predictable
result of WCSD administration and staff failure to exercise slight care in
performing school duties to provide the minor Plaintiff with a safe environment
free from sexual assault, injury, discrimination and harassment to receive an
education;

z. By failing to act to protect the minor Plaintiff after observing SA1, SA2 and SA3
engaging in a pattern and practice of sexual misconduct and inappropriate
behavior toward other female students on school grounds;

aa. By facilitating and fostering an environment which enabled SA1, SA2 and SA3
to prey on the vulnerabilities of adolescent females, including the minor Plaintiff,
at Kingstree Middle Magnet School;

bb. By failing to provide any supervision for an excessive period of time of SA1, SA2
and SA3 leading up to, and during, the sexual assault of Jane Doe;
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cc. By failing to exercise even slight care regarding the supervision, custody and
control of SA1, SA2 and/or SA3 prior to the assault of Jane Doe, despite actual
and constructive notice that they posed a serious and immediate threat to the safety
and well-being of Jane Doe and other similarly situated minor female students;

dd. By failing to exercise the appropriate degree of care to protect Jane Doe and other
similarly situated minor female students, prior to January of 2016, from the sexual
misconduct and harassment of SA1, SA2 and/or SA3 despite actual and
constructive notice that SA1, SA2 and/or SA3 were very likely to engage in such
sexual misconduct and harassment;

ee. Failing to appropriately warn Jane Doe of the boys’ propensity to engage in sexual
harassment and misconduct prior to the attack; and

ff. In such other and further ways as may be shown at the trial of this matter.

56. The above acts of negligence, gross negligence, recklessness, willfulness,

wantonness, and gross breaches of the proper standard of care by and through its employees,

agents, and/or servants of Defendant have caused the minor Plaintiff Jane Doe to suffer physical

injury, loss of enjoyment of life, psychological injury and counseling, medical treatment, pain

and suffering, emotional distress, inability to obtain a public education without sexual

discrimination and harassment, inability to trust adults in positions of authority, difficulty in

maintaining intimate relationships, inability to receive an education free from sexual misconduct,

harassment and discrimination, and for any future physical manifestations of distress and injury

as the minor Plaintiff matures, which appears likely at this time. As such, Jane Doe is entitled to

actual, punitive, and consequential damages from the Defendant.

CAUSE OF ACTION
Outrage
57. All allegations of the preceding paragraphs are hereby incorporated and alleged

as if fully set forth herein verbatim.

58. Defendant intentionally or recklessly inflicted severe emotional distress upon Jane

Doe, or knew that such distress would probably result from its conduct, based on the acts and
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omissions of WCSD employees, faculty, agents, servants, and administrators in one or more of

the following particulars:

a. By failing to control, restrict, limit, or in any way affect SA1, SA2 and SA3’s
interaction with the minor Plaintiff on school grounds;

b. By informing Jane Doe that she was suspended shortly after being the victim of a
sexual assault/attempted rape;

c. By transferring SA1 to D.P. Cooper once Plaintiff had already enrolled in D.P.
Cooper;

d. By refusing to investigate Jane Doe’s sexual assault/attempted rape allegations;

e. By refusing to report the sexual assault to appropriate authorities including law

enforcement, both before and after, and including, the assault on Jane Doe;

f. By requiring Plaintiff to return to class and ride the bus home after the attack;

g. By failing to timely and appropriately inform Jane Doe’s mother regarding Jane
Doe’s allegations;

h. By intentionally impeding, misleading, and impairing law enforcement’s

investigation into Jane Doe’s allegations;

i. By creating an environment that fostered and facilitated student on student sexual

misconduct, harassment and discrimination, both before and after the assault on
Jane Doe;

j. In conducting investigation into allegations of sexual misconduct, harassment,

and discrimination in a manner designed to effectuate the primary purpose of
limiting potential liability to the Defendant;

k. In disciplining students following allegations of sexual misconduct, harassment,

and discrimination in a manner designed to accomplish the primary goal of
limiting potential liability to the Defendant;

l. In arbitrarily imposing discipline upon Jane Doe;

m. In those ways as alleged in all preceding paragraphs of this Complaint; and

n. In such other particulars as may be revealed in discovery or shown at trial.

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All of which were a direct and proximate cause of the damages and injuries incurred by

the Plaintiffs.

59. Defendant’s conduct as alleged above was so extreme and outrageous that it

exceeded all possible bounds of decency and was furthermore atrocious, and utterly intolerable

in a civilized community.
60. The action and inaction of WCSD following the sexual assault on the minor

Plaintiff caused Jane Doe to suffer emotional distress so severe that no reasonable person could

be expected to endure it.

61. As a direct and proximate result of the egregious and outrageous conduct of

WCSD, Jane Doe is entitled to actual and compensatory damages including but not limited to

special damages for medical treatment, physical injury, loss of enjoyment of life, emotional

distress, pain and suffering, the minor Plaintiff's inability to trust adults in positions of authority,

difficulty in maintaining intimate relationships, inability to receive an education free from sexual

misconduct, harassment and discrimination, and for any future physical manifestations of distress

and injury as the minor Plaintiff matures, which appears likely at this time.

WHEREFORE, Plaintiffs respectfully requests the following:

i. Trial by Jury;

ii. Judgment against Defendant for actual and compensatory damages in an

amount to be determined by the Jury;

iii. Costs and reasonable attorneys' fees; and

iv. For such other relief as this fair and honorable Court may deem just and proper.

[SIGNATURE ON FOLLOWING PAGE]

 ELECTRONICALLY FILED - 2018 Aug 14 11:08 AM - WILLIAMSBURG - COMMON PLEAS - CASE#2018CP4500359
Respectfully submitted,

KNIGHT & WHITTINGTON, LLC

/S/Matthew Douglas_________________
Matthew T. Douglas, S.C. Bar No. 76147
207 East Third North St.
P.O. Box 280
Summerville, SC 29484
(P) 843-821-9700
(F) 843-821-0031
mdouglas@knightwhittington.com

Attorney for Plaintiff

Summerville, South Carolina

August 14, 2018