D-20 denies fault in sex-assault suit

Gazette, The (Colorado Springs), Jul 12, 2006 by BRIAN NEWSOME THE GAZETTE

Academy School District 20 has denied any responsibility in the case of a mentally disabled girl who was sexually assaulted at her high school by another student in 2004.

The district is asking the court to dismiss a lawsuit filed by her parents.

The school district's lawyer also filed a grievance against the family's attorney for talking about the case to The Gazette, but the lawyer was not disciplined. The parents have publicly discussed their daughter's story, which was recently featured on CNN's Headline News.

If the district's motion to dismiss is not granted, the stage is set for what could be a lengthy legal battle, said Jeffrey Weeks, the family's attorney. The district's legal team, Treece, Alfrey, Musat & Bosworth, could not be reached for comment Tuesday.

"The facts of the complaint demonstrate a valid claim against the defendants," Weeks said, "and the conduct of the defendants is outrageous."

Kalie McArthur, who was 18 at the time she was assaulted, was discovered partly unclothed with a 15-year-old freshman in a stairwell at Rampart High School on Sept. 14, 2004, by a coach. Her IQ is 50 -- she has the mental capacity of a young child -- and she has problems understanding physical boundaries.

Although The Gazette generally does not name sexual assault victims, McArthur's name is listed in public records, and her parents have said her identity is important in personalizing the seriousness of the crime.

The boy, who is not being named because he is a juvenile, was later convicted of unlawful sexual contact with a helpless victim. He was sentenced to 14 days in youth detention and two years of probation, and he was ordered to register as a sex offender and undergo intensive therapy.

McArthur's parents, Cindy Starr and James McArthur, who are divorced but filed the suit on their daughter's behalf, blame the district for allowing their daughter to go unsupervised, and for not screening the boy, according to their complaint.

The boy, who had a lengthy disciplinary record, was a "field trainer" whom the school paired with McArthur to learn about her disabilities and teach her social skills. They also allege a later incident occurred in which a district employee left McArthur alone in a bathroom with the lights off as a form of punishment.

Their complaint claims McArthur's constitutional rights were violated.

D-20's motion to dismiss cites multiple court cases it claims are applicable to this one, including one in which the Jefferson County school district was not held liable in the 1999 Columbine High School shootings.

In a separate legal action related to the case, a D-20 lawyer filed a grievance with the Colorado Supreme Court, which oversees attorney conduct, against Weeks for discussing the case with The Gazette. The Attorney Regulation Counsel reviewed the matter and declined to take action.

Lawyers for the school district previously threatened to pursue a court injunction forcing the family to quit telling their story to the media, but no such action has been taken.

Weeks declined to comment on the grievance filed against him, but he said it was the first time he's received one in 18 years as an attorney.

CONTACT THE WRITER: 636-0198 or bnewsome@gazette.com