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Lawsuit claims Sandy High School student in modified program was assaulted in 2017

PMG FILE PHOTO - Lawsuit names staff at SHS personally and in their official capacities.Oregon Trail School District is facing a lawsuit after a student with "significant cognitive and behavioral disabilities" was allegedly sexually assaulted in a school bathroom by another student in 2017.

The mother, Kimberly Lacey, filed a tort claim asking for compensation for "physical injury, emotional trauma and harm, pain and suffering loss of enjoyment of life, and other damages," including any compensation found appropriate at trial and any attorneys' fees and costs associated with the case on Oct. 24, 2019, amounting to $450,000. She has also requested a trial by jury.

Lacey claims that staff at Sandy High School — Cathy Sharp, Assistant Principal Fred Trosko and Principal Kim Ball — were negligent and did not comply with her daughter's Behavior Support/Safety Plan, which she alleges led to a lack of supervision and ultimately her daughter's assault.

Lacey's daughter operates at a third-grade educational level and was placed in a modified program different from her previous one-on-one instruction accommodations. Through this program she was in contact with general education students, and one male student reportedly began texting inappropriate images to the girl.

This student then, on Tuesday, Oct. 24, 2017, allegedly met with Lacey's daughter in a unisex bathroom and coerced her into performing sexual acts with threats of physical harm.

Lacey's claim says her daughter was "missing from her fifth period class between 13 minutes and 45 minutes. She further claims school employees made "no effort to search for her daughter during this time while she was being sexually assaulted on school premises."

The Oregon Trail School District was contacted for a comment, but did not respond. It is common for government entities to decline the invitation to comment on pending litigation.

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