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School district in Schuylkill County sued over alleged assault

Tamaqua Area School District is now being sued by the victims of alleged sexual assaults at the hands of players on the football team.

TAMAQUA, Pa. — When news first broke that Tamaqua Area High School football team would forfeit its playoff game last November, the school district claimed that was the result of a "hazing incident" among players. 

But a lawsuit filed against the district in federal court on Monday paints a much different picture. The victims' attorneys say these were premeditated sexual assaults by players that the district then tried to cover up.

In early November, during the Tamaqua High School Football team's last dinner of the season, two freshman players were allegedly targeted by teammates in the football house. 

A lawsuit filed by the victim's attorneys in U.S. District court alleges the victims were pushed to the ground and sexually assaulted with an object; claiming one of them was also punched repeatedly in the face. 

When the players reported the attacks, Attorney Theron Solomon says the school district tried to downplay the situation.

"Disbelief or 'this is an exaggeration.' The one father felt as if the school was basically saying his kid was lying," said Theron Solomon, Attorney, Dyller & Solomon.

The suit claims this kind of assault has been a longstanding tradition on the team, often referred to using code names like 'school bus' or 'the raider special.' 

During meetings in November, the school board president claimed the incidents were not sexual in nature, but the board proceeded with disciplinary hearings for the students involved. 

Attorney Tara Giarratano says the victims and their families were kept out of those hearings by the superintendent.

"When a school has a hearing, like everything else under Title IX, it has to be conducted in an impartial manner. So, if you allow one party to be present and speak, you have to have the other party be present and speak," said Tara Giarratano, Attorney, Dyller & Solomon.

Three students were expelled for their involvement in the incident, but the complaint says the victims were still harassed. The suit claims one of the alleged attackers was allowed to remain in school, even attending a class with one of the victim's despite parent's requests they be separated. 

"The school provided no resources. They did not conduct the investigation that's required by Title IX, and unfortunately as a result of that, there was an additional sexual assault," said Giarratano.

The lawsuit says the first victim was assaulted in a similar manner during a wrestling team practice in January. His attorney's say the district didn't take those claims seriously. Days later, he would leave the school for good.

"We believe that just filing this suit, getting it out there, putting it public, we're protecting kids every day. Hopefully, Tamaqua will get the message, as well as other school districts. This is a message. We just want you to follow federal law. We just want you to protect these kids," said Solomon.

The suit names the Tamaqua Area School District and numerous school administrators. We reached out to the district superintendent and school board president, neither provided comment on the suit. 

The victim's attorneys say the brother of the first victim was also sexually assaulted by teammates in a previous incident. They hope this lawsuit encourages more victims to come forward.

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