Attorneys for the Woodlands-based John Cooper School are asking a Harris County judge to dismiss a $15 million lawsuit alleging a middle school student was assaulted on campus, arguing the claims are time-barred and that the parents failed to mitigate damages. The school denies all allegations and says it acted appropriately.
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Lawyers representing The Woodlands-based John Cooper School are requesting the dismissal of a lawsuit filed in November, which claims a student was assaulted on campus. They contend that the allegations are barred by the statute of limitations and assert that the student's parents are liable for failing to take steps to mitigate damages.
On December 1, Fisher & Phillis LLP, the Houston-based law firm representing the school, filed a response in Harris County. The firm categorically denied “every allegation” presented in the lawsuit and called for stringent proof of any alleged misconduct. A lawsuit was filed on November 6, seeking $15 million in damages.
The parents of a 13-year-old girl involved in the alleged incidents assert that their daughter endured assaults by a classmate over a period of “weeks” in 2024 before receiving any notification. In the recent filing, it was reported that students informed school officials about an incident in which a boy allegedly touched the victim's breasts and genitals over her clothing. The Chronicle has chosen not to disclose the parents' names to protect their child's identity.
The lawsuit claims that the school hid the conduct from the family and downplayed the behavior by labeling the touching as “footsies.” The parents reported becoming aware of the alleged misconduct only after the boy's mother reached out to them. “It was only then that the girl’s parents discovered that he had been sexually assaulting her for weeks,” the suit states. The document fails to clarify the reasons behind the mother's outreach regarding her son.
The lawsuit identifies the school and the classmate as parties being sued.
The school contends in its response that the contractual provisions agreed upon at enrollment encompass a “assumption of risk” and that the statute of limitations precludes the claims. School officials have confirmed that the issue was thoroughly investigated and appropriately addressed.
In its response, the school asserted, “The John Cooper School acted reasonably regarding student supervision, classroom management, and student placement.”
The parents contend that the school's response was merely to relocate the boy to a desk on the opposite side of the classroom, a measure they deem insufficient.
The Montgomery County Attorney’s Office has confirmed that it conducted an investigation into the incidents and subsequently closed the case. Due to the students' ages, officials opted not to disclose further information.
Established in 1988, John Cooper School provides a college-preparatory education for students from prekindergarten through 12th grade as an independent institution located in The Woodlands. The case is still under consideration in Harris County.
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