A civil lawsuit has been filed against the Santa Rosa School Board by the parent of a former Gulf Breeze High student who was allegedly sexually assaulted at the school.
The assault occurred on March 14, 2024, in the school’s boy’s locker room, according to Levin Papantonio, the firm representing the victim, identified as “S.A.C.”
Gulf Breeze Police Chief Rick Hawthorne confirmed that his agency’s investigation of the assault did lead to an arrest of the male student, identified as K.T.R. in the lawsuit. Findings were sent to the First Judicial Circuit Court’s State Attorney’s Office, which filed a warrant for the then-ninth-grade student to be charged with an unlawful exposure of sexual organs as well as lewd and lascivious conduct, which is a felony.
In March the student perpetrator was adjudicated as delinquent in juvenile court on the offense of battery – touch or strike. He was placed on probation “for an indefinite period not to exceed the child’s 19th birthday.”
Additionally he was ordered to have no contact with the victim or her family, complete a sex offender evaluation and 30 hours of community service, write an apology and turn in a 1,000-word essay on the importance of self control. Total fines amounted to slightly less than $400.
The lawsuit alleges the school district’s negligence directly led to the assault of the student. It was filed on S.A.C.’s behalf by her parent and guardian, Renee Hayes, in the Circuit Court of the First Judicial Circuit in and for Santa Rosa County.
According to the complaint, school administrators ignored multiple red flags and failed to implement basic safety measures, creating an environment where the assault occurred. The lawsuit claims the district’s inaction violated its duty of care and left S.A.C. exposed to foreseeable harm.
“Schools have a responsibility to protect the children entrusted to them every day. In this case, the district’s failures had devastating consequences for our client and her family. This lawsuit seeks justice, accountability and long-overdue change,” said Rachael Gilmer, a partner at Levin Papantonio, in a prepared statement.
The lawsuit also details inaction by school officials, including failing to provide adequate supervision of the female students in the sixth-period gym class during the 2023-2024 school year.
On Tuesday afternoon, the school district issued a prepared statement about the lawsuit.
“At this time, Santa Rosa County District Schools is unable to provide any information on this matter. The district is unable to comment on pending litigation. However, we remain steadfast in our commitment to ensuring the health, safety, and welfare of all students within Santa Rosa County District Schools,” the statement said.
Following the assault, Gilmer said S.A.C. never returned to the high school and was homeschooled for the rest of the 2023-2024 school year.
“Her parents talked to school administrators multiple times about making accommodations to ensure her safety. The best they could come up with was having the young man and her sign a piece of paper stating they would not be in contact with each other,” Gilmer said.
The complaint states that “K.T.R.” was a varsity athlete at Gulf Breeze High, with pending college offers and operated under a different set of rules from the rest of the school.
According to the lawsuit, K.T.R. had a propensity to wander Gulf Breeze High School during class, often being found in the school’s gym area when he was not scheduled to be there. While the customary discipline for being late to class and/or missing a class altogether is detention, K.T.R.’s tardies and absences were often overlooked, the lawsuit claims. When he was given detention, he didn’t always show up, but there was no further repercussion. The lawsuit alleges the lack of consequences created an environment in which K.T.R. felt the rules didn’t apply to him.
S.A.C. was a member of the Gulf Breeze High girls’ basketball team.
During the 2023-2024 school year, S.A.C. and the other players on the girls’ basketball team were enrolled in a weightlifting class. However, as basketball season approached, the girls were instructed not to participate in the class. The girls were left with minimal to no supervision, and when the parents found out, they complained to the school’s administration, the lawsuit alleges.
Even after the situation was brought to the attention of the assistant principal, the class continued with inconsistent oversight, according to Levin Papantonio.
On the date in question, a coach who did not normally supervise the girls’ class was left in charge. He failed to get enough basketballs out for the girls to practice, and S.A.C. volunteered to grab a few additional balls.
Despite storage closets that were accessible from the open gym, the high school stored the basketballs in the boys’ locker room. The girls regularly had to enter the locker room to get practice balls and were instructed to knock loudly and announce their presence upon entering, the lawsuit alleges.
Boys weren’t supposed to be in the locker room during this time as class was in session, but soon after S.A.C. announced that she was entering the room, K.T.R. approached from another area of the room and began harassing her, according to Levin Papantonio.
According to the complaint, “K.T.R. attempted to kiss (S.A.C.), grabbed her buttocks, pulled her toward his body, exposed his penis to her, pressed his exposed penis against her, and held her against her will.”
S.A.C. broke away and returned to the gym visibly upset. She and another teammate quickly left the gym to report the incident to school officials, who took a written statement but did not question K.T.R. about what happened, the lawsuit claims.
S.A.C. texted her mother from school about the incident. Her mom notified the police, who promptly arrived at the school to start a criminal investigation.
“No school official took any action to protect S.A.C. and other students on March 14, 2024, or thereafter (should she have returned to Gulf Breeze High School) from the offender, in violation of the Santa Rosa County Public Schools Code of Student Conduct,” the complaint states.
Despite criminal charges being filed, Gilmer said the alleged assailant, who played multiple varsity sports, was never suspended or expelled by the school district. He transferred to a high school in the Escambia County School District his sophomore year.
“As a parent, I trusted the school to keep my child safe. Instead, that trust was broken in the worst possible way,” Hayes said. “No parent should ever have to get the text I did or see their child go through the pain and fear my child has endured. We’re bringing this lawsuit because the school must be held accountable – not just for what happened to our family, but to make sure no other child or parent has to live this nightmare.”
S.A.C. now attends a high school in Navarre and receives counseling for her mental health.
“This is not just about one child. This is about every student who deserves a safe learning environment. We will not stop until this district is held accountable and meaningful reforms are put in place,” Gilmer said, adding that before the assault S.A.C. was an A and B student and planned to pursue a college basketball scholarship.
“She was a sophomore on the varsity squad. She is over 6 feet tall and had a promising collegiate career in basketball ahead of her. Right now, she is undecided about her future. She has had some academic struggles and focusing on her grades right now.”
The plaintiffs are demanding a jury trial because the family feels the case should be decided by community residents who have a vested interest in the school district and school board. However, no civil amount has been announced.
Gilmer said the high school had a lackadaisical approach to student safety.
“There was not regular consistent supervision of the kids in the sixth-period PE class in the gym. The young man was a varsity athlete, played multiple sports, no one disciplined him and there were no repercussions,” she said.
“It created an environment with a lot of freedom and he did what he wanted to do. Our contention is if there had been more supervision in the gym class, if the equipment had been stored in another location, had this young man being in class where he was supposed to be, like other students, this would not have happened.”
The original lawsuit was filed last week, but an amended notice was filed Aug. 19. However, Gilmer said the school district was notified on Nov. 7 about the lawsuit.
(This story has been updated with new information.)
This article originally appeared on Pensacola News Journal: Santa Rosa School Board sued after alleged sexual assault at Gulf Breeze High
Reporting by Mary Lett and Tom McLaughlin, Pensacola News Journal / Pensacola News Journal
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