Richmond Community Schools has denied an accusation that its negligence led to four bullying and sexual assault incidents that resulted in injuries to a David W. Dennis Middle School student during the 2024-25 school year.
Attorneys for Church Church Hittle and Antrim filed the school district’s response to a lawsuit the student’s family filed June 23 in Wayne County Superior Court 1. Dennis and the city of Richmond are also named as defendants.
The attorneys filed a motion to dismiss on Dennis’s behalf as well. The motion claims that RCS is the proper defendant because the school is part of RCS and not a “governmental entity” or “political subdivision” under the Indiana Tort Claims Act.
Judge Ronald Moore has scheduled a hearing on the motion to dismiss for 2 p.m. Nov. 10.
The city previously filed a response that indicates the city, which now provides student resource officers for RCS schools, does not oversee or control the school corporation and that any actions or inactions alleged were not those of city employees.
The family claims in the lawsuit that the student sustained back injuries when pushed into a restroom wall Oct. 4, 2024, then was pushed into a school bus window, punched in the head and had hair pulled four days later. Injuries required the student to wear a neck brace during recovery, and the student visited a spine specialist.
During the same time, the student was twice approached from behind and touched in a sexual manner when getting on the school bus, according to the lawsuit.
Western Wayne News is not currently naming the plaintiffs because the allegations include harassment and sexual assault.
In its point-by-point response, RCS admits incidents occurred and indicates the school worked with the family to address behavioral incidents. However, it denies that school officials should have realized a dangerous condition existed that involved risk of harm to the student and that there was school negligence that caused the actions resulting in the student’s injuries.
RCS claims that incidents were investigated and that the district worked to provide solutions. The district also denies that no steps were taken to remedy bullying or punish and/or deter those involved in bullying.
The response asks that a judgment be entered in the district’s favor and that attorneys’ fees and costs be awarded the district. It says that RCS is entitled to immunity under the Indiana Tort Claims Act.
A version of this article appeared in the October 1 2025 print edition of the Western Wayne News.