A state judge has denied a request for a temporary restraining order to prevent a student charged with assaulting teammates on a freshman football bus from returning to classes at Glacier High School on Monday.
Attorney Sean Frampton, of Whitefish, filed a petition Wednesday on behalf of the parents of three Glacier High students who reported being sexually assaulted last month. District Judge David M. Ortley denied the request for the restraining order Thursday and set a Nov. 14 hearing, Frampton said Friday.
The parents want to prevent the student considered most responsible for the attacks from returning to classes for the rest of the school year.
The petition alleges the boy’s presence at school will violate the three students’ constitutional rights to a quality education free from interruption, disruption or distraction. They also allege the boy’s return violates school policies.
The three were among four players who were dragged to the back of the bus and assaulted on the way back from a game in Missoula on Sept. 12, according to the petition. The three have a restraining order against the boy who is to return to school for the beginning of the second quarter.
“His return will undoubtedly violate the petitioners’ sons’ constitutional rights, legal rights under (state law) and the Glacier High School policies,” Frampton wrote.
The petition alleges the assaults were sexual in nature, although the Flathead County attorney’s office charged two 15-year-olds with assault. Six players were kicked off the football team.
The petition cites the Glacier High School handbook on student responsibilities in saying students have the responsibility to keep the school safe “by not harming others or threatening to harm others in any way at school, on their way to or from school, or at any school activity.”
The handbook also says: “Student behavior that interferes with the educational process or violates the rights or safety of others will not be tolerated.”
Frampton said Friday one boy who reported being assaulted has transferred to another school.
Kalispell Public Schools Superintendent Darlene Schottle declined to comment to the Daily Inter Lake, saying she hadn’t fully reviewed the lawsuit.
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