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Lawyer sees school hush-up

Girl's parents sue over alleged assault by young caretaker

Deborah Frazier, Rocky Mountain News

Published June 13, 2006 at midnight

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A Colorado Springs school district wants to silence the parents of a severely disabled girl who was sexually assaulted at school by a boy assigned to watch her, an attorney said Monday.

Kalie McArthur, now 20 and with an IQ of about 50, was assaulted in September 2004 at Rampart High School by the 15-year-old boy, said Jeff Weeks, an attorney for Kalie and her parents.

The Rocky Mountain News doesn't usually publish the names of sexual assault victims. Cindy Starr and James McArthur, her parents, said the school district wronged their daughter and they want her story told publicly.

The boy, who had been suspended 20 times the previous year and had a 0.0 grade point average, was assigned by the school to be her peer trainer, Weeks said.

When Kalie was enrolled at Rampart the previous year, the district agreed that her multiple disabilities, including a seizure disorder, required adult supervision at all times, Weeks said.

However, the boy was neither screened nor trained and spent an unknown amount of time with Kalie without adult supervision, her parents said.

On Sept. 14, 2004, a school coach found the boy and Kalie, both partially unclothed, in a closet, Weeks said.

The boy pleaded guilty to unlawful sexual contact with a helpless victim in 2005, Weeks said.

On June 2, 2006, the family filed a federal suit against the school district and spoke with reporters about the case.

Weeks said he later received a letter from the district that read:

"We are aware that your clients have made some statements to the press. Please be advised that if your client does not wish to enter into a confidentiality agreement, we will be petitioning the court for injunctive relief."

Francine Guesnier, the attorney representing the district who wrote the letter, declined comment.

"Bring it on," said James McArthur. "These people have permanently harmed my daughter and tried to brush it aside."

McArthur and Starr are divorced, but share custody of Kalie. They are both special education teachers.

"This case will be in the textbooks on how not to run a special education program," said McArthur, who specializes in severely handicapped students.

Nanette Anderson, spokeswoman for the district, said she could not comment because of the court case.

Starr and McArthur said Kalie's behavior toward men has changed since the assault.

"She was loving and trusting. She went everywhere with us," said Starr. "Now, it takes 100 percent of one person to manage her aggression."

Starr said Kalie is still sweet and friendly, but will grab men and pinch them.

"She used to be passive and affectionate, now she's aggressive, especially toward males," said McArthur. "She could end up hurting someone, maybe a little boy."

Her parents weren't told that she had been paired with another student, Starr said.

"About 10 days before the assault, we noticed bruises on her thighs," said Starr. "After the assault, she said there was groping and grabbing going on before the assault involving other boys as well."

Starr and McArthur wanted to resolve the case through mediation, but the district refused, Weeks said.

"A professional hired by the district said the assault was pleasurable, not traumatic," said Starr. "He said it ignited her female desires."

McArthur and Starr said Kalie would have been able to function in a group home in a few years, but now will require one-on-one supervision.

"I trusted that she would be safe," said Starr. "There was a big bad mistake made and they need to be responsible."

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