Attorney: 'Sexual contact' was included in ongoing harassment of 14-year-old Belen student

Education
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A Belen High School student claims the school did not respond to her claim of sexual harassment. | Pexels/Anete Lusina

The parents of a Belen student filed a lawsuit against the school district saying it has not done enough to keep their child safe.

The lawsuit, filed in September, claims the female student endured harassment and abuse, and Belen Consolidated Schools kept the victim and abuser in the same class after it was reported and after the abuse continued.

Attorney David Adams said his client was 14 years old when the first incident happened at Belen Middle School in December of last year.

“Sexual contact being included, which is touching of somebody over the breast, clothing,” Adams told KRQE News. “Obviously (it) accumulated to the point where she felt it was necessary to report it.”

The lawsuit alleged a student, identified by the alias “John Smith,” began to harass and bully her and things escalated from there. Smith began to touch the victim without her consent during class, according to the KRQE News report.

The lawsuit argues the school didn’t take any action on the report. Now, the victim and Smith both attend the same high school, and the suit claims the abuse has continued, causing extreme trauma to his client.

“Traumatizing, obviously,” Adams told KRQE News. “It’s disheartening that this is how it’s been resolved when it comes to the school system. Anytime somebody sees the perpetrator of a violent crime, it’s going to be difficult. It’s going to cause post-traumatic stress.”

The victim’s parents didn’t learn of the harassment until months later when the victim tried to harm herself. The lawsuit also claims the district didn’t notify law enforcement about the incidents.

Contacted by KRQE News, the Belen Consolidated Schools declined to comment on the pending litigation.