LCPS sexual assualt - who is held accountable?

[Anonymous]

Anonymous wrote:

jsteele wrote:

Anonymous wrote:Virginia law requires the court to notify a school superintendent when any student in the school system is charged with any sexual assault. If the student was charged, a notice that the student was charged would have been sent to the superintendent. https://law.lis.virginia.gov/vacode/title22.1/chapter14/section22.1-279.3:1/

The suspect was not charged until July 8. The school board meeting at which the father was arrested was prior to that on June 22. So there was no legal requirement that the superintendent be notified prior to the board meeting.

Thanks for that clarification. And the school could not report to VDOE an incident for which they have not made a finding. If they do, then it will be reported to VDOE. Allegations are not reported, findings are.

INCIDIENTS are reported. There's no requirement for findings, arrests, convictions, etc. Just an INCIDENT. Which obviously happened, considering police rolled to the school.

Reports shall be made to the division superintendent and to the principal or his designee on all incidents involving (i) the assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity; (ii) the assault and battery that results in bodily injury, sexual assault, death, shooting, stabbing, cutting, or wounding of any person, abduction of any person as described in § 18.2-47 or 18.2-48, or stalking of any person as described in § 18.2-60.3, on a school bus, on school property, or at a school-sponsored activity; (iii) any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications; (iv) any threats against school personnel while on a school bus, on school property or at a school-sponsored activity; (v) the illegal carrying of a firearm, as defined in § 22.1-277.07, onto school property; (vi) any illegal conduct involving firebombs, explosive materials or devices, or hoax explosive devices, as defined in § 18.2-85, or explosive or incendiary devices, as defined in § 18.2-433.1, or chemical bombs, as described in § 18.2-87.1, on a school bus, on school property, or at a school-sponsored activity; (vii) any threats or false threats to bomb, as described in § 18.2-83, made against school personnel or involving school property or school buses; or (viii) the arrest of any student for an incident occurring on a school bus, on school property, or at a school-sponsored activity, including the charge therefor.

[Anonymous]

Anonymous wrote:Typically, a trans guy would not rape a girl. This disturbing boy is obviously not really trans. It is so unfortunate that the ultra right wings are trying to use this terrible incident against the LGBT community. Any boy, even wearing pants, can easily walk into a high school girl’s bathroom without anyone in the hallways doing anything about it. The hallways are either chaotic or empty and everyone is too busy getting to their classes on time.

If it is difficult to tell the difference between a boy who really identifies as a boy and is "obviously not really trans," and one who is "really" trans, it is best to keep everyone with a penis out of the girls bathroom!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

jsteele wrote:

Anonymous wrote:Virginia law requires the court to notify a school superintendent when any student in the school system is charged with any sexual assault. If the student was charged, a notice that the student was charged would have been sent to the superintendent. https://law.lis.virginia.gov/vacode/title22.1/chapter14/section22.1-279.3:1/

The suspect was not charged until July 8. The school board meeting at which the father was arrested was prior to that on June 22. So there was no legal requirement that the superintendent be notified prior to the board meeting.

Thanks for that clarification. And the school could not report to VDOE an incident for which they have not made a finding. If they do, then it will be reported to VDOE. Allegations are not reported, findings are.

INCIDIENTS are reported. There's no requirement for findings, arrests, convictions, etc. Just an INCIDENT. Which obviously happened, considering police rolled to the school.

Reports shall be made to the division superintendent and to the principal or his designee on all incidents involving (i) the assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity; (ii) the assault and battery that results in bodily injury, sexual assault, death, shooting, stabbing, cutting, or wounding of any person, abduction of any person as described in § 18.2-47 or 18.2-48, or stalking of any person as described in § 18.2-60.3, on a school bus, on school property, or at a school-sponsored activity; (iii) any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications; (iv) any threats against school personnel while on a school bus, on school property or at a school-sponsored activity; (v) the illegal carrying of a firearm, as defined in § 22.1-277.07, onto school property; (vi) any illegal conduct involving firebombs, explosive materials or devices, or hoax explosive devices, as defined in § 18.2-85, or explosive or incendiary devices, as defined in § 18.2-433.1, or chemical bombs, as described in § 18.2-87.1, on a school bus, on school property, or at a school-sponsored activity; (vii) any threats or false threats to bomb, as described in § 18.2-83, made against school personnel or involving school property or school buses; or (viii) the arrest of any student for an incident occurring on a school bus, on school property, or at a school-sponsored activity, including the charge therefor.

oh damm if this legal statement is true and protocol was followed by Principal Flynn, Ziegler is one scheming lying pos.

[Anonymous]

Are we using the word rape correctly here? It sounds like the second assault was groping, which is assault, and obviously horrible, but not rape. I think the language matters, there is a difference between the two.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

jsteele wrote:

Anonymous wrote:Virginia law requires the court to notify a school superintendent when any student in the school system is charged with any sexual assault. If the student was charged, a notice that the student was charged would have been sent to the superintendent. https://law.lis.virginia.gov/vacode/title22.1/chapter14/section22.1-279.3:1/

The suspect was not charged until July 8. The school board meeting at which the father was arrested was prior to that on June 22. So there was no legal requirement that the superintendent be notified prior to the board meeting.

Thanks for that clarification. And the school could not report to VDOE an incident for which they have not made a finding. If they do, then it will be reported to VDOE. Allegations are not reported, findings are.

INCIDIENTS are reported. There's no requirement for findings, arrests, convictions, etc. Just an INCIDENT. Which obviously happened, considering police rolled to the school.

Reports shall be made to the division superintendent and to the principal or his designee on all incidents involving (i) the assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity; (ii) the assault and battery that results in bodily injury, sexual assault, death, shooting, stabbing, cutting, or wounding of any person, abduction of any person as described in § 18.2-47 or 18.2-48, or stalking of any person as described in § 18.2-60.3, on a school bus, on school property, or at a school-sponsored activity; (iii) any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications; (iv) any threats against school personnel while on a school bus, on school property or at a school-sponsored activity; (v) the illegal carrying of a firearm, as defined in § 22.1-277.07, onto school property; (vi) any illegal conduct involving firebombs, explosive materials or devices, or hoax explosive devices, as defined in § 18.2-85, or explosive or incendiary devices, as defined in § 18.2-433.1, or chemical bombs, as described in § 18.2-87.1, on a school bus, on school property, or at a school-sponsored activity; (vii) any threats or false threats to bomb, as described in § 18.2-83, made against school personnel or involving school property or school buses; or (viii) the arrest of any student for an incident occurring on a school bus, on school property, or at a school-sponsored activity, including the charge therefor.

The key word here is incident. At the moment nobody "official" has determined this happened...and I mean officially. I am not saying it did not happen, please understand. Schools can't report that an alleged incident occurred in the school, though. Usually, this is not so protracted. A kid punches another kid in the face. Principal talks to kids involved, determines an assault occurred, and makes a finding that the kid assaulted another kid. Then the assault is put in the database and gets reported when the reports are sent to the state. The assault is not reported when the student alleges it occurred, it is after the school determines it occurred.

At this point, if what I am reading is correct, the school has not been able to talk about what happened with any of the students, or at least not the kid accused, so they have not been able to "officially" determine a sexual assault took place at school. They will do this when they can, but if the police have prevented them from investigating and the courts also have not made an official determination that a sexual assault occurred, there is nothing yet to report. It sucks for the school, frankly, but if what I have read is correct, there is nothing they can report…yet. So what I am saying is that if this is not in the VDOE statistics, it is not due to a cover up, it is still in process.

[Anonymous]

By the way, the section you have included is what is reported to the superintendnet, not what the superintendent reports to the state. But what is above is how it will also get reported to the state by LCPS once they have done their process as that will be required as well under a different statute. The courts report these incidents once a student is charged, not when a person reports an incident to the police.

[Anonymous]

So the superintendent definitely knew sometime after the charge happened (according to Jeff's timeline that was 7/8), but I am sure the superintendent or some higher up were informed after the student told someone at the school about it as this is a major incident. This is too serous an allegation for the principal to have just kept it in house. If he did, that would be a major lack of judgment to me, and I doubt he did.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

jsteele wrote:

Anonymous wrote:Virginia law requires the court to notify a school superintendent when any student in the school system is charged with any sexual assault. If the student was charged, a notice that the student was charged would have been sent to the superintendent. https://law.lis.virginia.gov/vacode/title22.1/chapter14/section22.1-279.3:1/

The suspect was not charged until July 8. The school board meeting at which the father was arrested was prior to that on June 22. So there was no legal requirement that the superintendent be notified prior to the board meeting.

Thanks for that clarification. And the school could not report to VDOE an incident for which they have not made a finding. If they do, then it will be reported to VDOE. Allegations are not reported, findings are.

INCIDIENTS are reported. There's no requirement for findings, arrests, convictions, etc. Just an INCIDENT. Which obviously happened, considering police rolled to the school.

Reports shall be made to the division superintendent and to the principal or his designee on all incidents involving (i) the assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity; (ii) the assault and battery that results in bodily injury, sexual assault, death, shooting, stabbing, cutting, or wounding of any person, abduction of any person as described in § 18.2-47 or 18.2-48, or stalking of any person as described in § 18.2-60.3, on a school bus, on school property, or at a school-sponsored activity; (iii) any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications; (iv) any threats against school personnel while on a school bus, on school property or at a school-sponsored activity; (v) the illegal carrying of a firearm, as defined in § 22.1-277.07, onto school property; (vi) any illegal conduct involving firebombs, explosive materials or devices, or hoax explosive devices, as defined in § 18.2-85, or explosive or incendiary devices, as defined in § 18.2-433.1, or chemical bombs, as described in § 18.2-87.1, on a school bus, on school property, or at a school-sponsored activity; (vii) any threats or false threats to bomb, as described in § 18.2-83, made against school personnel or involving school property or school buses; or (viii) the arrest of any student for an incident occurring on a school bus, on school property, or at a school-sponsored activity, including the charge therefor.

The key word here is incident. At the moment nobody "official" has determined this happened...and I mean officially. I am not saying it did not happen, please understand. Schools can't report that an alleged incident occurred in the school, though. Usually, this is not so protracted. A kid punches another kid in the face. Principal talks to kids involved, determines an assault occurred, and makes a finding that the kid assaulted another kid. Then the assault is put in the database and gets reported when the reports are sent to the state. The assault is not reported when the student alleges it occurred, it is after the school determines it occurred.

At this point, if what I am reading is correct, the school has not been able to talk about what happened with any of the students, or at least not the kid accused, so they have not been able to "officially" determine a sexual assault took place at school. They will do this when they can, but if the police have prevented them from investigating and the courts also have not made an official determination that a sexual assault occurred, there is nothing yet to report. It sucks for the school, frankly, but if what I have read is correct, there is nothing they can report…yet. So what I am saying is that if this is not in the VDOE statistics, it is not due to a cover up, it is still in process.

The kid was arrested.

[Anonymous]

It may be confusing, but the arrest does not lead to a report to the state until the school makes a determination. It will get reported (assuming he is convicted or the school determines it happened after the courts are done - lower standard of proof).

[Anonymous]

Anonymous wrote:It may be confusing, but the arrest does not lead to a report to the state until the school makes a determination. It will get reported (assuming he is convicted or the school determines it happened after the courts are done - lower standard of proof).

Didn’t Wayde Byard say the school district couldn’t even begin its own investigation until LCSO finished theirs so they wouldn’t compromise the law enforcement investigation? And then it turned out LCSO couldn’t finish theirs due to the time elapsing on producing DNA evidence? So LCPS couldn’t begin their own or suspend/expel a kid for a criminal offense the state couldn’t say he officially did. It sounds like procedural and legal stuff got in the way here. Not any cover up or malfeasance.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:While the focus is unnecessarily on trans students, the rewrite of Title IX under Betsy Davos/Trump seems to be a much bigger deal here. Those rule changes give the accused more protection.

https://www.nbcnews.com/news/us-news/activists-increase-pressure-biden-scrap-betsy-devos-title-ix-rules-n1261017

The rules, which DeVos called a signature achievement of her tenure as education secretary, give accused students more avenues to defend themselves, restrict how a school can investigate sexual assault allegations, and limit schools to only investigating incidents that happen at school or as part of a school activity.

These rules did not go into effect until the end of July 2021. The May situation should have been, or should be, handled under the regulations in place at the time. If the student was charged in May, LCPS could have placed the student in a smaller, more secure educational program pending what happened in court. That is if the police instructed the school not to speak with any of the people involved. If not, they could investigate and take a discipline action including suspension or expulsion. If not, they would have no details of what was alleged to have happened other than what people say to one another informally. Even though this allegedly happened in school, they could not expel the student from school until they could investigate and give due process through the school process. But if the boy was charged back in May, they could have removed him from regular high schools. And they should have if that were the case.

The Title IX changes went into affect in August 2020

https://www.ctschoollaw.com/2020/07/new-title-ix-regulations-to-take-effect-in-august/

The regulation became effective July 22, 2021.

Show us

[Anonymous]

Well folks, seems it was a trend:

https://www.dailywire.com/news/exclusive-loudoun-schools-did-not-record-multiple-alleged-sexual-assaults-over-a-period-of-years-despite-state-law-records-show

[Anonymous]

jsteele wrote:

Anonymous wrote:
It was radio today. I have to find it. You hand me the WaPo but don’t believe the Daily Wire and Rosiak? You would know more if you broadened your horizons a bit. The investigation started internally. It was the rape kit/hospital visit that put the true investigation into action that same day.

Are you suggesting that the Washington Post is not quoting the Sheriff's Office accurately? What evidence do you have about your claims regarding the investigation? What day do you believe the investigation started?

Yes. I believe it started that day but not because of the school. Notifying the school resource officer is different than the main LCPD office. My source is the father.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Typically, a trans guy would not rape a girl. This disturbing boy is obviously not really trans. It is so unfortunate that the ultra right wings are trying to use this terrible incident against the LGBT community. Any boy, even wearing pants, can easily walk into a high school girl’s bathroom without anyone in the hallways doing anything about it. The hallways are either chaotic or empty and everyone is too busy getting to their classes on time.

If it is difficult to tell the difference between a boy who really identifies as a boy and is "obviously not really trans," and one who is "really" trans, it is best to keep everyone with a penis out of the girls bathroom!

+ 1000

[Anonymous]

jsteele wrote:

Anonymous wrote:Where's the part on the timeline when the Superintendent is directly questioned by a SB member (Beth Barts) if any assaults occurred in the girls' bathroom and he says no?

Do you have a transcript of this that you can point me to?

Anonymous wrote:
Also the part where the Superintendent is supposed to report sexual assaults to the SSIR and he didn't? https://p1pe.doe.virginia.gov/pti/selection.do

My guess is that they were waiting for the investigation to determine what had occurred.

It is pretty clear from the police statement that they did not view this has an open and shut case.

Given the brutality of the rape and the fact she had a hospital examination, are you suggesting she was not raped?