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Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2010 > January > 15
Friday, January 15, 2010
Sexual assault case leads to lawsuit against charter school
DAYTON — The family of a former student has filed a lawsuit against the Summit Academy, claiming another student “raped and sexually abused” the boy at the school.
The lawsuit was filed Thursday, Jan. 14 in Montgomery County Common Pleas Court. A similar lawsuit was filed by the family in January 2009, but withdrawn in November. The new lawsuit names the alleged perpetrator and his parents as defendants.
The Dayton Daily News generally does not identify sexual assault victims or juvenile defendants.
Neither Kathleen Mioni, state superintendent for Summit Academy schools, nor P.J. Conboy II, attorney for the plaintiffs, returned phone calls on Friday, Jan. 15.
The victim, who now lives in Toledo with his mother, was 10 at the time a rape was reported at the charter school, 1407 E. Third St., in January 2008, according to a police report. The other boy was arrested, according to police records.
The perpetrator was referred to Montgomery County Juvenile Court, but placed in a diversion program for children who are age 10 and younger, said court Administrator Jim Cole.
The perpetrator successfully completed the program in March 2009, Cole said.
The lawsuit complaint states that the victim was “raped and sexually abused” on Jan. 15, 2008 and that the perpetrator “had been involved in allegations of sexual abuse before.”
The complaint also says that the victim had been “raped and sexually assaulted by the same student on numerous other occasions” but “Summit Academy did nothing to prevent such actions.”
The victim has suffered emotional distress and psychological damage, and the family was forced to relocate from the Dayton area, the lawsuit states.
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