Alleged sex assault occurs with special needs students in bathroom

(2/28/07 - KTRK/HOUSTON) (KTRK) -- Parents of students at Kashmere High School are being told that a student was sexually assaulted in a school bathroom on Friday. The school says both the alleged victim and the assault suspect were special needs students, who should not have been in the bathroom at the same time.

The principal sent a phone message to parents about the possible sexual encounter. One family says if rules had been followed the situation might not have happened at all.

Last Friday, two male 16-year-olds who are both special needs students said to have Down's syndrome were in a restroom at Kashmere High School. That's a policy violation. No more than one special needs student is supposed to be in a bathroom at a time.

"This should not happen," said a family member of the alleged victim. "This is a special needs child."

The other student had walked into the restroom undetected. A teacher discovered the boys in the bathroom unclothed. The victim's family says a doctor found evidence he had been sexually assaulted.

School police investigated and contacted the district attorney's office. School district officials say charges were not accepted because of the special needs status of the persons involved.

A meeting between the family, their representative and the principal resulted in some changes. According to the principal, a personal male aide will be assigned to the other child, who will be reassigned to another classroom or school. Psychological and counseling services will be provided. But that is little comfort to the victim's family.

A relative told Eyewitness News, "When he gets around us at home, he is crying, traumatized and very upset. That's somewhere where he is comfortable around."

HISD says the other student is going to be transferred to an alternative campus that also handles special needs children. As for the alleged victim, his family does not want him to return to Kashmere High School. They want him to be transferred. They are also suggesting they will pursue legal action.
(Copyright © 2007, KTRK-TV)

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