On June 6, 2025, Horowitz Law filed a sexual abuse complaint lawsuit in the Circuit Court of the 5th Judicial Circuit for Marion County, Florida, against the School Board of Marion County. The lawsuit was filed after a complaint was made by a woman on behalf of her 10-year-old minor child with special needs, claiming the child was sexually assaulted multiple times by another male student while attending Belleview Santos Elementary School. The Plaintiff in the lawsuit is represented by sexual abuse attorneys Adam Horowitz and Dee Dee Scheller of Horowitz Law.
Factual Allegations in the Complaint
The plaintiff, an autistic 10-year-old boy with special needs, was enrolled in the fourth grade in an emotional behavior disability and ESE classroom at Belleview Santos Elementary School during the 2023-2024 school year. On or about October 4, 2023, the classroom para-professional, Erik Pitts, escorted Plaintiff and his male classmate to the boy’s bathroom during school hours and witnessed Plaintiff's classmate pull his pants down and expose his genitals to Plaintiff.
The following day, the same classmate was alone with Plaintiff in the boy’s bathroom. The classmate approached Plaintiff, who was relieving himself at the urinal, from behind, and touched Plaintiff's genitals. Plaintiff disclosed the sexual assaults to an ESE teacher's aide, and both incidents were reported to the Department of Children and Families by the school.
The School did not contact Plaintiff's mother to report that her son had been inappropriately touched by a classmate on school property, during school hours.
During a forensic interview with highly trained professionals, Plaintiff reported that his classmate was bullying him and kept exposing his private parts to him on multiple occasions.
On or about November 14, 2023, the classmate grabbed Plaintiff's buttocks during lunch in the cafeteria, and Plaintiff quickly turned around and told the classmate to stop. The classmate refused to stop and aggressively grabbed Plaintiff's genitals, marking the third incident of sexual misconduct in less than two months. Plaintiff's teacher, Sara Freda, witnessed the sexual misconduct and failed to immediately report the incident to school administration. Plaintiff promptly reported the sexual misconduct to another member of the school staff, Mr. Owens. The sexual misconduct was also reported to and investigated by the Marion County Sheriff’s Office.
According to school staff, the classmate was widely known to be aggressive towards his peers and staff at Belleview Santos Elementary School. In fact, it was reported he also exposed his genitals to other classmates on multiple occasions. Ultimately, the classmate was suspended for inappropriately touching the Plaintiff. The School reported the third incident of child sexual misconduct to the Department of Children and Families and contacted the School District.
During the second forensic interview with highly trained professionals, Plaintiff reported that he was inappropriately and sexually touched by his classmate against his will on at least three occasions at Belleview Santos Elementary School during the 2023-2024 school year. As a result of these incidents of sexual misconduct, Plaintiff has suffered and will continue to suffer emotional and psychological injuries, mental anguish, the loss of enjoyment of life, and other debilitating injuries that are continuous and ongoing in nature.
Count 1: Negligence
The School Board of Marion County owed a duty to the Plaintiff to use reasonable care to ensure his safety, care, and well-being while he was enrolled as a student in their jurisdiction.
- The School Board of Marion County's duties include using reasonable care and supervision to protect children placed in its care and to ensure their safety, well-being, care, and health.
- The School Board of Marion County breached its duty to use reasonable care in its supervision of its students and thereby failed to provide a safe environment for Plaintiff where he would be free of sexual assault.
- The School Board of Marion County breached its duties by permitting the classmate to be alone in the bathroom with Plaintiff in the absence of appropriate supervision.
- The School Board of Marion County and its agents breached their duties by failing to separate the classmate from the Plaintiff and failing to implement a safety plan.
- The School Board of Marion County breached its duties by failing to exercise proper oversight of the problematic classmate and by failing to restrict his interactions with Plaintiff.
- The School Board of Marion County had actual notice of at least two prior incidents of the classmate committing sexual assault in which Plaintiff, a highly vulnerable child with special needs, was victimized.
- The School Board of Marion County failed to protect Plaintiff from his classmate's aggressive and dangerous propensity for sexual misconduct, resulting in a third incident of sexual assault, despite being on actual notice.
Attorney Adam Horowitz stated, "Our client and his family have shown tremendous courage in coming forward. We are proud to stand beside them in seeking justice. We allege that the school was aware of serious risks and failed to take the necessary steps to protect a vulnerable student, allowing this abuse to occur.”
At Horowitz Law, we are committed to advocating for the rights of survivors and ensuring that their voices are heard. Together, we can work towards a future where all students feel safe, supported, and empowered to seek justice. If you or someone you know has experienced abuse, we encourage you to reach out for support. Your voice matters, and we are here to help.
Horowitz Law is a law firm representing victims and survivors of sexual abuse in schools and other educational settings. If you or a loved one was sexually abused, raped, or sexually molested by a principal, teacher, or another school employee, contact our law firm at 888-283-9922 or e-mail sexual abuse lawyer Adam Horowitz, at adam@adamhorowitzlaw.com for a free consultation.