The parents of a 14-year-old McKinney ISD student are suing the district and a former athletic trainer who was arrested for sexual assault.
Lindsey Post was arrested last month on suspicion of sexual assault of a child and an improper relationship between an educator and student. The parents of the alleged victim are suing the district and Post in Collin County court.
Post is accused of sexual assault after offering to drive the student in her car to a school-sponsored event off campus, according to the lawsuit. The student's gender has been omitted from the lawsuit to protect the student's identity. McKinney ISD didn't provide transport to the event, according to the lawsuit.
The lawsuit alleges that Post took the child off campus multiple times and sexually assaulted the minor. The parents found out after they looked at their child's phone.
A new state law that went into effect September 1 says school districts that are grossly negligent or reckless in hiring, supervising or employing someone who commits sexual misconduct against a student or fail to report suspected child abuse can be held liable for that employee’s actions in civil court.
The lawsuit alleges the district was grossly negligent in its failure to provide transportation to the off-campus event and insufficiently supervised Post's interactions with the student.
McKinney ISD told KERA when Post was arrested it immediately reported the incident to the Texas Education Agency, Texas Department of Family and Protective Services and the McKinney Police Department.
"The safety and well-being of our students is our highest priority," the statement said.
KERA has reached out for comment about the lawsuit and will update this story with any response.
Paul Herz, who filed the lawsuit, told KERA when Post was arrested that McKinney ISD needs to strengthen its policies and procedures to prevent future abuse, including requirements that prevent one-on-one interactions between students and adults.
“None of this would have happened if there was two-deep leadership and better supervision of where the children were at all times,” he said.
Herz also represents 12 families who are suing Celina ISD and Caleb Elliott over Elliott’s alleged sexual misconduct. Elliott, a former football coach at Moore Middle School, is facing state and federal charges over accusations that he recorded students changing in the boys' locker room. Multiple lawsuits allege Celina ISD was aware of Elliott’s misconduct and concealed it to protect the high school football team’s reputation. A heavily redacted report from an independent investigator the district hired found no evidence that the district knew about Elliott’s misconduct.
Herz said he's not surprised that more victims of sexual abuse have come forward in other districts after what happened in Celina ISD.
“That case was not going to be the last time we saw it applied, just the first,” Herz said. “It’s unfortunate, but there is no place where school abuse can't happen or won't happen.”
Got a tip? Email Caroline Love at clove@kera.org.
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