Mom claims Alvin ISD said daughter with special needs consented before alleged sexual assault

Alvin ISD denies it responded improperly to the November 2021 attack inside an Alvin High School bathroom.

Mycah Hatfield Image
Saturday, July 16, 2022
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The student, who we will not identify, was assaulted back in November by a male student who was suspended for three days for the incident.

ALVIN, Texas (KTRK) -- Eight months after receiving the news that her daughter, who is special needs, was sexually assaulted and strangled in the Alvin High School bathroom, a mother is still fighting for the district to take action.

Janie Doe, whose identity we are not revealing because of the nature of the case, was a senior in high school last year.

Her mother, who we also are not identifying for her daughter's sake, said she has the mentality of a 5 or 6-year-old and should not be left alone. She said the now-19-year-old cannot read and has trouble writing.

"She believes in Santa," her mother said. "She believes in the Easter bunny, and her favorite animal is a unicorn. She looks at the world as a happy, good place, or she used to. Now she's scared."

In November 2021, her mother said she got a call from an Alvin ISD police officer saying her daughter was in the nurse's office.

"He says, 'We believe she has been sexually assaulted,' and I said, 'What?'" her mother recalled. "He repeated himself and I said, 'What?' because I couldn't accept what he was saying to me. He said, 'You might want to come up here.'"

The woman said her daughter was questioned alone by the district for an hour and they attempted to go through her phone.

She said the police told her that a witness heard her daughter yelling "no" and "stop" while she was in the bathroom.

Immediately after, she took Janie Doe to the hospital for a SANE exam. She said she had marks on her neck and abrasions on her face.

"She told me when she was doing the female exam to her lower anatomy that she said, 'Yes, there is bruising. There is tearing. She was hurt.'"

From there, the mother said Alvin ISD tried to claim her daughter consented.

"'Your daughter walked down the hallway with him so she consented.' But I said she never should have been alone," the mother said. "My daughter would walk down the hallway with Jeffrey Dahmer, because she can't read people."

The distraught mother learned from the principal that the male student was suspended for three days.

"(The principal) said, 'Things are better now,'" the mother said. "'He's being watched now. The teacher has been moved now. The powers are doing their job now.' I took that as a slap in the face."

She said she wants the people who allowed her daughter to be gone for an extended period of time without supervision to be fired and the student to be arrested.

The family does not have a lawyer and has not filed a lawsuit against the district.

"All the money in the world can't undo what they did to my daughter," the mother said.

Her daughter is now in counseling and has had a seizure for the first time in her life since the assault.

"She didn't speak for probably about five weeks," she said. "She wasn't herself. I don't know if she will ever be who she was before."

ABC13 learned the case was turned over to the juvenile division of the Brazoria County District Attorney's Office and a grand jury declined to file charges against the boy. We stopped by their office to find out why and are waiting on an answer.

We also sent in a public records request a week ago asking for all of the documents that were turned over to the district attorney's office. Alvin ISD sent our request to the Texas Attorney General's Office to determine what they can release. It will take weeks or months to get an answer.

Alvin ISD released the following statement to ABC13:

"Alvin ISD is deeply committed to the wellbeing of each one of our students, as well as providing a safe environment for our students.The District is aware of recent social media posts concerning an alleged incident of sexual assault occurring at Alvin High School during the fall semester of 2021. The District vehemently denies that its staff improperly responded to the allegations. While the District is prohibited by law from commenting on the outcome of the investigation, all confirmed instances of student misconduct are handled in accordance with federal law, state law, and District policy. Furthermore, any confirmed or suspected instances of criminal activity are referred to the appropriate law enforcement agencies for investigation, and ultimately to the District Attorney for disposition. Alvin ISD remains committed to honoring the trust families place in our district when they send their children to our schools."

In 2011, a federal lawsuit was filed in the Southern District of Texas alleging very similar circumstances. A woman said her daughter with special needs was raped in a bathroom at Alvin High School and the district did not properly handle the situation.

The plaintiffs ultimately filed to have the case dismissed with prejudice against Alvin ISD and the staff members individually listed. They also requested the case be ruled in favor of Alvin ISD.

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