Boone Elementary parents drop suit alleging daughter was sexually assaulted

Boone Elementary School (KXAN Photo)
Boone Elementary School (KXAN Photo)

AUSTIN (KXAN) — Two months after the Travis County District Attorney’s Office said there was insufficient evidence that a 4-year-old Boone Elementary student’s injuries were criminal in nature, the parents of the girl have dropped their federal lawsuit.

The lawsuit claimed Austin Independent School District and their police department failed to properly investigate and respond to the allegation that the girl was assaulted.

The lack of action by the district resulted in a hostile education environment that violated Title IX of the Education Amendments Act, the lawsuit alleged.

The child’s parents say the incident happened on Feb. 7. The child’s mother said she took her daughter to school for Pre-K that morning and picked her up three hours later.

Once they got home, the mother says she heard the child screaming while using the bathroom, and found blood and horrible bruising on her body. The girl’s parents took her to the hospital where staff identified her injuries as the result of sexual assault by bodily force, family attorney Paul Guinn said.

Two weeks later, on Feb. 22, AISD police decided to close the case and said the allegations were unfounded.

After the case became public in April, AISD police said they closed the investigation too soon and reopened the case. The girl’s teacher was returned to administrative leave while the investigation was ongoing.

The reopening of the case spurred more parents to come out with their own complaints about how AISD handled investigations involving their children.

AISD police now assigns two detectives to sex assault cases and enhanced officer training as part of their policy change after the investigation.

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