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Lawsuit filed against Miami Dade School Board alleges student-on-student sexual assault at Benjamin Franklin K-8 Center

Lawsuit filed against Miami Dade School Board alleges student-on-student sexual assault at Benjamin Franklin K-8 Center

WHAT: Jeff Herman, a nationally recognized attorney for victims of sex abuse, announces the filing of a lawsuit against MIAMI DADE SCHOOL BOARD for the repeated sexual harassment of a student by another student at Benjamin Franklin K-8 Center.

According to the Complaint:

  • During the 2012 school year, Child Y, a 12-year-old student, and JOHN DOE, a 9-year-old student, were students enrolled in the Emotional Behavior Disability Program at Benjamin Franklin K-8 Center. Both students were assigned to teacher Charles Johnson’s fourth grade class.
  • Child Y began sexually harassing JOHN DOE in September 2012, when the two were playing soccer. Following this incident, Child Y engaged in a continuous onslaught of physical misconduct and sexual harassment upon JOHN DOE, including grabbing his buttocks while in class and/or on school premises.
  • JOHN DOE complained to his teacher and to the assistant principal of Child Y’s sexual harassment following each incident. Principal Mary Ann Alonso became aware of these incidents. No actions were taken by Assistant Principal Rogers or Principal Alonso to punish Child Y or to protect JOHN DOE from harm.
  • In December of 2012, Child Y followed JOHN DOE into the restroom and sexually assaulted JOHN DOE by grabbing his buttocks, fondling his penis and attempting to perform oral sex on JOHN DOE.

JOHN DOE NO. 104 v. MIAMI DADE COUNTY SCHOOL BOARD was filed yesterday.

Jeff Herman, the attorney for JOHN DOE, stated:  “When a school receives notice that kids are being sexually harassed and assaulted, whether it’s by an adult or by other kids, the school must take action.”

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