Lawsuit filed against AISD claims 'deliberate indifference'

A hearing in federal court has not yet been set for the Title IX lawsuit filed Tuesday against AISD.

The district along with AISD Police Chief Eric Mendez and Detective Alex Phillips are accused of being "deliberately indifferent" to known acts of teacher - student discrimination.

“It’s starting to look like a pattern is forming here,” said attorney Paul Guinn. Guinn represents a four-year-old Boone Elementary student and her parents. "Because of this stonewall that this family has run into unfortunately it has come to this."

The mother spoke to FOX 7 last week.

Read AISD holds closed parent meeting concerning alleged sexual assault

“"I'm extremely frustrated, heartbroken, I just want answers.”

In February, after coming home from school the four-year-old was taken to Dell Children's Medical Center with a severe injury. The diagnosis from the emergency room doctor determine it was the result of a sexual assault, although a spokesperson with CPS suggested  a final discharge report, which has not been made public, could have downgraded the cause as undetermined.

Guinn says he is unaware of any medical retraction.

AISD police closed the case after the child failed to identify who hurt her and also before a rape kit sample was tested. "It’s sitting collecting dust somewhere and that’s a big problem to me,” said Guinn.

The case has been reopened and the rape kit test appears to be getting fast tracked.

A spokesperson for Travis County DA Margaret Moore told FOX 7 they are waiting for more information to come in. They are not sure if the results will show the incident is a case of sexual assault. Even with the uncertainty of the criminal investigation, the federal civil complaint was filed. About a half dozen sexual assault and harassment cases were cited in the Title IX lawsuit.

Most were investigated and closed by the same person, AISD Sgt Alex Phillips.

"We will get to the bottom of what is going on, within AISD PD, right now we can only speculate but there is a disturbing pattern forming over the past 3 weeks with regard what all the parents I’m meeting with and their stories, and then again the same detective showing up with frequency in these cases,” said Guinn.

To help work the case, Guinn has teamed up with Houston attorney Chad Dunn. The high profile lawyer has spent the past several months representing the alleged victims in the Baylor sex assault scandals.

Officials with AISD say the district has not yet been served with the lawsuit.

A statement may be issued after attorneys for the district give it a thorough review.

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