Judge drops Freeburg High from suit stemming from alleged band assault

A lawsuit against Freeburg High School, a former principal, and a music teacher by a girl who attended the school has been dismissed. The girl’s suit against a boy she says assaulted her remains.

The suit accused the Freeburg school officials of violating the girl’s right to an education by not expelling the boy.

U.S. District Judge David Herndon issued a summary judgment on March 31 that dismissed four counts of the lawsuit, which stemmed from an allegation that a female student was sexually assaulted during a band trip.

The lawsuit alleged that a male Freeburg student sexually assaulted the female Freeburg student on April 13, 2013, while at a music contest at O’Fallon Township High School. O’Fallon had earlier been named as a defendant in the case, but was dismissed last year, according to court records.

The female student and her mother reported the assault to Freeburg school authorities on April 15, 2013 — the following Monday.

Andrew Lehman, superintendent of Freeburg District 77, said the district investigated and “took the action that we thought was appropriate.” Lehman declined further comment, citing student privacy.

The counts against Freeburg school officials accused them of not taking proper action against the male student, such as not expelling him. Until the boy withdrew from school the following school year, the girl received homebound instruction.

Herndon said in his order that Freeburg school officials responded promptly to the mother’s report and conducted a prompt investigation.

Herndon wrote that school administrators “are not required to give a particular disciplinary action under a specific set of circumstances,” and that schools are not required to “expel every student accused of similar misconduct.”

One defendant, the male student, remains in the lawsuit. His attorney, Matt Young of Kuehn, Beasley & Young in Belleville, confirmed the boy is still named in the suit.

“He’s a 17-year-old kid; he doesn’t have any money,” Young said.

He said there is no criminal case against his client. Prosecutors declined to file charges.

Young expects the civil case to go to trial and is preparing for that.

Return to BND.com for more on this developing story.

This story was originally published April 14, 2016 at 3:45 PM with the headline "Judge drops Freeburg High from suit stemming from alleged band assault."