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Arkansas students found 'responsible' for sexual assault after Title IX investigation

Parents in the Lamar community are protesting after students were found responsible for sexual assault but only recommended a 10-day suspension.

LAMAR, Ark. — Three Lamar School District students are now being held responsible for sexual harassment and sexual assault of another student after an investigation by the district. But some parents in the community are protesting after finding out the punishment: A 10-day suspension and a No Contact Order.

In the Title IX complaint filed on March 11, 2022, four students were accused of a sexual assault on March 8. According to the district investigator's findings, three of the four students accused were found "responsible" for the assault after their voices were identified in a video recording of the reported harassment.

The two-minute video of the alleged assault has graphic language such as a racial slur, which is heard multiple times, as well as screams, someone shouting "no" while another student shouts, "put him in the stall."

One of the students listed in the complaint was not found responsible because their "voice was not verified as being present on the recording," according to the report.

Other complaints investigated by the Lamar School District include the three students also being found responsible for sexual assault after "reaching under the stall" and assaulting a fellow student in the bathroom, as well as one student (who was also found responsible) who reportedly inappropriately touched another student after pinning him up against a wall. 

The students, who will remain anonymous, claimed that from the beginning of the summer in 2021 through November 2021, they experienced these assaults.

"It’s a parent's worst fear when you find out,” said a Lamar parent who wishes to remain anonymous. “You send your kids to school for them to be protected and they weren’t."

The disciplinary actions recommended by the Title IX investigator include:

  • 10 days of out-of-school suspension (OSS)
  • Upon return from OSS, a No Contact Order (NCO) is put into place, addressing:
    • Students found responsible aren't allowed to contact the complainants
    • The timeframe may include summer, meaning summer school or school-sponsored camps or events
  • Students found responsible be provided "mini-courses related to harassment."
  • Schedule a time before the 2023-2024 school year to review the NCO with students found responsible and their parents/guardian
  • A school administrator may decide that the agreement will continue into the 2022-2023 school year

"I highly encourage the District to review transportation possibilities and consider separating the Respondent and Complainant if at all possible," the Title IX investigator states.

10 days after the decision was released, the Lamar community organized and held a protest at a school board meeting for what they believe is a lack of punishment for the students.

“The end goal for tonight, I believe, is to make sure that [the school board] knows 10 days suspension is not acceptable,” said Desirae, a parent of a student in the Lamar Public School system.

She says her child recorded the two-minute video of the alleged sexual assault taking place in the Lamar Middle School locker room, which was used in the Title IX investigation.

"The middle school's mission statement is 'do the right thing, kids come first,' I think it’s time that they start doing that," Desirae said. "That’s not bullying, that’s not physical assault, it’s rape."

An attorney and family members are asking for the students to be criminally prosecuted and removed from sports and the classroom but the school says that can't happen right now.

"The law doesn’t allow the school to discipline a student in the investigation until the investigation is complete," said Lamar School Board Attorney Cody Kees.

According to Kees, the only way for the students to be expelled is if the superintendent recommends the school board does so once the investigation is complete. 

Both parties have the right to appeal the Title IX finding within 10 business days. According to Title IX documents, both Lamar Police and Arkansas State Police are also currently investigating, meaning criminal charges could follow. 

Stay with 5NEWS for updates on this developing story.

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