Plaintiffs’ attorney Richard Lipowicz and school district spokeswoman Jill Moberley declined comment Friday on the lawsuit filed July 1 in Montgomery County Common Pleas Court.
Moberley said district policy for a high school suspension would require school officials to contact the child’s guardian and follow the guardian’s direction on how the student would be released.
Neither Spence nor Doukoure could be reached for comment Friday. Nor could Nicholas Subashi, identified in the complaint as their attorney.
Balidbid, 27, is serving an 18- year sentence for the Sept. 17 attack on the girl, who was 15 at the time. He pleaded guilty to rape and kidnapping in January.
The attack occurred in a vacant house at 156 Boltin St., according to police.
According to the lawsuit, the girl arrived at the school, 2323 Mapleview Ave., about 8:40 a.m., but was detained by two school resource officers, who said she smelled of marijuana.
Doukoure examined the girl and determined she “showed physical symptoms of being under the influence of marijuana,” the complaint states.
She was then taken to Spence’s office, and Spence suspended her. No school employees made any attempt to contact any member of the girl’s family, the complaint states.
The girl used her cellular phone to call her grandmother, who is her legal guardian, to ask her to pick her up. She could not reach her grandmother, but did contact her mother, the complaint states.
Her mother “repeatedly” told Spence that the girl “should not, under any circumstances, be allowed to walk home,” the complaint states.
Angela Jordan told Spence she would take a bus to the school to pick up her daughter and would arrive in about an hour, the complaint states.
Instead, Spence and Doukoure “negligently and recklessly” allowed the girl to leave the school to walk unescorted to her grandmother’s home, which is on Notre Dame Avenue, four miles from school, the complaint states.
The girl told police she saw a car following her on Xenia Avenue as she was walking just before noon. Once she crossed the Boltin Street bridge over U.S. 35, Balidbid got out of the car, grabbed her, threw her over his shoulder and carried her into the abandoned house.
With the help of the girl, police developed a sketch and released it to the public Sept. 22. Several tips came in, including from prostitutes who said the same man beat and abused them.
After interviewing the prostitutes, police set up a sting, with a female officer posing as a prostitute, and arrested Balidbid on Oct. 8 at a convenience store on East Fifth Street.
Balidbid was a suspect in at least five other rapes, police said.
At his sentencing, Judge Gregory F. Singer said the girl experienced “the worst nightmare,” and a victim witness advocate said the girl tried to write a victim impact statement, but found it to be too distressing.
Balidbid, a native of the Philippines, will be deported after he is released from prison.
Contact this reporter at (937) 225-2057 or lgrieco @DaytonDailyNews.com.
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