[Southsider2k12]

http://www.wsbt.com/news/wsbt-laporte-scho...0,7380017.story

LaPorte schools response to suit: Student could've avoided sex with coach

Associated Press Report

2:31 p.m. EDT, June 1, 2012
LaPORTE—

LaPorte Community Schools responded to an $18.7 million lawsuit from the family of a teenage girl who had sex with her volleyball coach, saying she voluntarily engaged in the relationship and assumed all risk.

The family filed the lawsuit last week, maintaining LaPorte Community Schools officials ignored signs the two were involved in a relationship. The lawsuit says the district didn't properly supervise its employees or provide a safe environment for the girl.

Robert Ashcraft was sentenced to 21 years in prison last July on charges of sexual misconduct and child seduction.

The Times of Munster reports (http://bit.ly/LSyb6b ) the school district denied the family's allegations and claimed she knew what she was doing. The girl was 15 at the time.

[Southsider2k12]

http://www.nwitimes.com/news/local/laporte...378fb3dff1.html

LaPorte school district denies allegations in civil lawsuit involving sexual relationship
By Marisa Kwiatkowski marisa.kwiatkowski@nwi.com,

LAPORTE | A former LaPorte High School girl voluntarily engaged in a sexual relationship with her former junior varsity volleyball coach, assuming all risk, LaPorte school officials claimed in court documents this week.

The girl's family filed a lawsuit last week against the state, school district and employees, claiming officials ignored indications the relationship was occurring, failed to properly supervise school employees and failed to provide a safe environment.

The family is seeking up to $18.7 million in damages from the state, LaPorte Community School Corp., Athletic Director Edward Gilliland and head volleyball coach MaryBeth Lebo and the perpetrator, former junior varsity volleyball coach Robert Ashcraft.

The school district denied the family's allegations and claimed the girl knew what she was doing, court records state. The girl was 15 at the time she engaged in a sexual relationship with Ashcraft.

Ashcraft was found guilty last year of four felonies relating to his sexual relationship with the girl: three counts of sexual misconduct with a minor and one count of child seduction, court records show. He is serving a 21-year prison sentence.

Gilliland and Lebo each have been charged with two misdemeanor counts of failure of duty to report the sexual crimes. They are accused of having reason to believe the relationship was occurring and not reporting it to law enforcement or child protective services between August 2007 and October 2008, court records state.

Those cases are pending in LaPorte Superior Court.

[Ang]

So basically LPCSC is claiming the child was making adult decisions because she could have said no?
Yet Ashcraft was charged with one count of child seduction.

[Tim]

"LaPorte Community Schools responded to an $18.7 million lawsuit from the family of a teenage girl who had sex with her volleyball coach, saying she voluntarily engaged in the relationship and assumed all risk."

Even if that were true it still wouldn't get Ashcraft off the hook for working an underage student.

[Southsider2k12]

http://thenewsdispatch.com/articles/2012/0...63029069798.txt

La Porte School Corp. responds to victim's lawsuit

By Matt Fritz
Staff writer
Published: Monday, June 4, 2012 5:07 PM CDT
LA PORTE — The La Porte Community School Corporation and two of its employees are claiming the consent given by Robert Ashcraft's victim bars her from claiming any more damages from them.

According to a lawsuit response submitted by Attorney Michael Sears on behalf of the school corporation and school employees Marybeth Lebo and Ed Gilliland, the plaintiff voluntarily and knowingly incurred and/or assumed the risk of the activities described in her complaint, barring her claim under the Indiana Tort Claims Act.

But plaintiff Attorney Tim Stoesz said this defense is basically faulting the victim for the incident.

Last week, the 19-year-old victim, who was 15 when former volleyball coach Robert Ashcraft began engaging her in sexual relations, started a lawsuit alleging La Porte Community Schools failed to provide a safe environment for her and failed to adequately supervise Ashcraft.

*
He allegedly had sex with her at least 25 times.

Ashcraft was convicted in 2011 of two counts of sexual misconduct with a minor under the age of 16, Class B felonies, and one count of sexual misconduct with a minor under the age of 16, a Class C felony, and one count of child seduction with a minor over the age of 16, a Class D felony.

She's seeking damages against the defendants, collectively and severally, in the amount of $500,000 for each individual cause of action occuring between Jan. 1, 2006, and Jan. 1 2008, and $700,000 for each cause of action occuring on and/or after Jan. 1, 2008.

But the corporation's answer says the defendants are not the proximate cause of the plaintiff's injuries because the injuries were caused by the intentional conduct of another which was not foreseeable.

It also says the plaintiff has received, or is entitled to receive, benefits from a collateral source, which reduces or completely satisfies the plaintiff's claim.

It also demands a trial by jury on all issues.

Ashcraft was also named in the suit, but was not part of this defense's response.

[Southsider2k12]

http://www.nwitimes.com/news/local/laporte...9574bc1174.html

Former volleyball coach to represent himself in civil lawsuit
By Times Staff

LAPORTE | A former junior varsity volleyball coach convicted of having a sexual relationship with a LaPorte High School girl deflected blame for his conduct, court documents filed last week show.

The girl's family filed a lawsuit in May against the state, LaPorte Community School Corp. and several employees, claiming officials ignored indications the relationship was occurring, failed to properly supervise school employees and failed to provide a safe environment.

The family is seeking up to $18.7 million in damages from the state, LaPorte Community School Corp., Athletic Director Edward Gilliland and head volleyball coach MaryBeth Lebo and the perpetrator, former junior varsity volleyball coach Robert Ashcraft.

Ashcraft was found guilty last year of four felonies relating to his sexual relationship with the girl: three counts of sexual misconduct with a minor and one count of child seduction, court records show. He is serving a 21-year prison sentence.

Ashcraft, who is representing himself in his own defense of the civil lawsuit filed by the girl's family, said he is appealing his criminal convictions. He denied having a sexual relationship with the girl, and said she had a history of substance abuse, court records show. Ashcraft also claimed the girl had been sexually abused, records show.

Attorney Tim Stoesz, who is representing the girl's family, denied Ashcraft's claims.

"This is a disgusting attempt by a pathetic convicted sexual predator to smear his victim," Stoesz said.

The school district also denied the family's allegations and claimed the girl knew what she was doing, court records state. The girl was 15 at the time she engaged in a sexual relationship with Ashcraft.

Gilliland and Lebo each have been charged with two misdemeanor counts of failure of duty to report the sexual crimes. They are accused of having reason to believe the relationship was occurring and not reporting it to law enforcement or child protective services between August 2007 and October 2008, court records state.

Those cases are pending in LaPorte Superior Court.

[Ang]

This just keeps getting smarmier & smarmier. I don't care if the girl knew what she was doing or not, it is a CRIME for an adult to have sex with a minor....period!

[Ang]

Oh! And if the girl had a substance abuse problem and the Coach knew about it, WHY WAS SHE STILL ON THE TEAM?!?!?!

[Southsider2k12]

Oh! And if the girl had a substance abuse problem and the Coach knew about it, WHY WAS SHE STILL ON THE TEAM?!?!?!

Its a power thing. It still saddens me to see the Laporte school systems role in all of this. All of the protections for this kid just broke down.

[Ang]

Well, I would still rather have my daughter go to LP than MC.

[Southsider2k12]

Well, I would still rather have my daughter go to LP than MC.

After this incident? No way.

[Ang]

My daughter is not an athlete. She is in the band, and the LPHS band director is a wonderful man. (And don't throw any "band camp" jokes at me.....she doesn't go to those)

Besides, I worked at MCHS, I know what goes on in the school. And some things are far worse than what happened in LP. There are laws in place to protect and punish adults from harming students, but nothing to stop the students from harming each other. There were times I, as an adult, was afraid to walk the halls, and no way you'd catch me in the hall during a passing period.

The incident at LPHS was one isolated thing, it does not happen on a daily basis. But the things at MCHS happen every single day.

Uh-uh, no way... I think she is safer at LPHS, and I feel she will get a better education there, too. No offense. Just my opinion, but I'm sticking to it.

[Southsider2k12]

My daughter is not an athlete. She is in the band, and the LPHS band director is a wonderful man. (And don't throw any "band camp" jokes at me.....she doesn't go to those)

Besides, I worked at MCHS, I know what goes on in the school. And some things are far worse than what happened in LP. There are laws in place to protect and punish adults from harming students, but nothing to stop the students from harming each other. There were times I, as an adult, was afraid to walk the halls, and no way you'd catch me in the hall during a passing period.

The incident at LPHS was one isolated thing, it does not happen on a daily basis. But the things at MCHS happen every single day.

Uh-uh, no way... I think she is safer at LPHS, and I feel she will get a better education there, too. No offense. Just my opinion, but I'm sticking to it.

The LaPorte administrators protected a child molester over student. I can't imagine many things worse than that.

I am in MCHS all of the time, I even taught Econ there for two months last year. I have never felt unsafe.

[Ang]

You're a guy.
And I don't see that LPCSC protected the child molester over a student. He got what he deserved. They protected the AD and the Head Coach, who haven't molested anyone. Maybe they (Gilliland & Lebo) could be accused of protecting the child molester, but the entire school system is not responsible. Actually, I would say only the Head Coach should be held responsible as the AD does not attend team practice and would have no idea what goes on there unless he is told about it. If he was told and chose to ignore, then he should be out of a job. But do we really know what happened? We only know what we are told, and people lie, so we don't even know if we've been told the entire truth of it.

And you won't change my mind about LP being better than MC. So, on this issue, we agree to disagree I guess.

[bandaid19]

I'm not a guy, and I'm saddened that you feel as you do about MCHS, and worse yet, that you continue to post negative things about the high school. I've worked for both LPCSC and MCAS, and I'm frankly not surprised AT ALL about what happened at LPHS. It's a "boys club" over there, and the female coach probably gets swept into that because she's a very senior staff member, and a very WINNING coach. These things count for a lot in LP, but I don't think they count for as much in MC... I think something would've been done.

It's irrelevant though.. no one knows how it would've been handled. I'm just saddened that people who were involved in this case are a)still employed, b)have moved on, but still hold educational licenses to teach/administer/coach other students and c)the girl is still being "blamed" by a core group of the community.

I love band, as I hope you know, and I agree... the LPHS band teachers are awesome. However, there's also a great band program at MCHS, great teachers, a great administrator, and MANY great students. Don't let a few situations/interactions/"bad apples" spoil your impression of MCHS forever. And, times and places change.

[Southsider2k12]

You're a guy.
And I don't see that LPCSC protected the child molester over a student. He got what he deserved. They protected the AD and the Head Coach, who haven't molested anyone. Maybe they (Gilliland & Lebo) could be accused of protecting the child molester, but the entire school system is not responsible. Actually, I would say only the Head Coach should be held responsible as the AD does not attend team practice and would have no idea what goes on there unless he is told about it. If he was told and chose to ignore, then he should be out of a job. But do we really know what happened? We only know what we are told, and people lie, so we don't even know if we've been told the entire truth of it.

And you won't change my mind about LP being better than MC. So, on this issue, we agree to disagree I guess.

Supposedly there are emails between the administration talking about how to handle things, without properly reporting things. To me, they were more worried about their own image, than the well being of this girl, or even the law. It is pretty similar to the protections that Sandusky got at Penn State, and it just disgusts me.

[bandaid19]

I agree... more "CYA" than actually worrying about how to protect that student, the student trainer who reported it, the other girls on the team, etc. That's sort of what I mean about the old-boy network. It's very disheartening. I think it's one of those events that's going to polarize parents and citizens of that community for a long time.

[MCRogers1974]

I agree... more "CYA" than actually worrying about how to protect that student, the student trainer who reported it, the other girls on the team, etc. That's sort of what I mean about the old-boy network. It's very disheartening. I think it's one of those events that's going to polarize parents and citizens of that community for a long time.

"Win at all costs". That is the La Porte High School style has has been their style since at least the mid 1960's.

[Southsider2k12]

I agree... more "CYA" than actually worrying about how to protect that student, the student trainer who reported it, the other girls on the team, etc. That's sort of what I mean about the old-boy network. It's very disheartening. I think it's one of those events that's going to polarize parents and citizens of that community for a long time.

It should upset people. Heck, it should anger people to the point of demanding changes all of the way to the top.

[Commuter]

MCAS harbors some creeps too in my opinion anyway.



The sad part is that the STRUCTURE of the school system ALLOWED this to continue and continues to delay and stonewall. It is a system that is funded by YOUR dollars but is not accountable to you AT ALL, ESPECIALLY when the poop hits the fan.

A teacher's first allegiance is to his or her teacher's contract. Always and forever. Do not ever forget this.

Kids are second, if that.