Homewood-Flossmoor High School announced Tuesday, March 18, that it has reached a $3.5 million out-of-court settlement with a former student who alleged that she was sexually assaulted during a theater class in 2022.
The girl, a junior at the time, was partnered with a male student. The two went to a practice room to review materials for a theater class presentation. It was then that she alleges the assault happened.
The District 233 School Board approved the settlement during a special school board meeting on Sunday, March 16. The money will be paid by the district’s insurance carrier.
According to a district statement: “The settlement is not an admission of wrongdoing by the district or its staff, and district funds will not be used to fund the settlement. The settlement will include a final dismissal of the case.”
The student and her mother argued that the district “should have anticipated and/or prevented an alleged sexual assault of the student by another student in October of 2022,” according to the board’s statement.
Students rallied days after the event arguing they left class to raise awareness of what they called a repeat problem. The administration believes it did everything it could to address the issue.
The statement reads:
“The lawsuit here was not about whether the female student was sexually assaulted. The assault allegations were investigated by local law enforcement authorities, and no charges were filed by the Cook County State’s Attorney’s Office. Only the two students involved know what actually occurred.
“Rather, the lawsuit involved the legal questions of whether the district could have anticipated and/or prevented the situation, as well as whether it acted reasonably and appropriately based on the information it had at the time.
“From the beginning, the district handled this very delicate and challenging situation with the utmost care. Immediately upon learning of the allegation, our administration contacted the Flossmoor Police Department, the Illinois Department of Children and Family Services (DCFS), and the parents involved — within just 11 minutes of being made aware of the allegation. Law enforcement quickly responded and then took over the investigation.
“Throughout, the district acted with care, urgency, and in accordance with its legal responsibilities. We invest heavily in resources, personnel, training, policies and technology to ensure the safety of every student within our school, and we will continue to do so.”
The district decided to agree to the settlement because additional litigation would be costly, and “Cook County juries are very unpredictable,” according to the statement. The school district’s attorneys had several highly questionable and unfavorable pre-trial rulings that “adversely impacted our counsel’s ability to present a robust defense at trial.”
Considering the board’s fiduciary responsibilities, “Ultimately, the board determined that under the circumstances, a settlement was in the best interests of the school and its students and staff.”
The school board said student safety will continue to be a top priority and “we remain committed to transparency compassion, learning and student well-being.”
The district believes the former student and her mother, Jessica Johnson, will split the settlement after paying attorney fees.