BILLINGS — A parent of a special-education student has sued Billings School District 2 and First Student, alleging two incidents of sexual assault aboard a school bus.
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The alleged assaults happened in February, and the 10-page court filing was submitted in Yellowstone County District Court Oct. 15.
The lawsuit lays out troubling allegations involving the student, who was enrolled at Billings Senior High School. The student is identified in the filing only as Jane Doe.
According to the lawsuit, the first incident occurred Feb. 2, when Doe boarded a bus. Court documents say she took a seat several rows from the rear with only a handful of students aboard.
After the bus started moving, the lawsuit alleges another student passenger moved into Jane Doe's seating area, "attempted to kiss her, physically restrained and repositioned her, and sexually assaulted her, including digital penetration".
The filing says Doe "repeatedly and audibly told the student to stop".
That assault allegedly lasted 10 to 15 minutes and was captured by First Student's onboard video system. First Student is the district's contracted transportation provider.
According to the lawsuit, a separate incident happened the next day. The filing says the student again sat beside Doe and "pinned her against the wall of the bus, restrained one of her hands, placed a hand beneath her clothing and her bra, and again sexually assaulted her."
The lawsuit states, "Neither the bus aide nor the driver observed the assault, interrupted it, separated the students, reported it, or took any other protective action."
The lawsuit claims a Billings School District aide was on a personal cellular device during both incidents and, during the second incident, conversed with the driver.
The suit states, "Both assaults were prolonged, physically visible, and occured in a nearly empty bus, at times while the bus was stationary, within the direct line of sight of two responsible parties whose job was to supervise the students in their care."
MTN reached out to the school district. No one from the district spoke with us on camera, but Superintendent Erwin Garcia sent a written statement.
"We take every safety concern involving our students seriously," Garcia said. "Because this matter is now before the court, we are limited in what we can say publicly."
First Student also provided a statement, saying, "First Student is aware of the lawsuit and takes the allegations very seriously. However, the company said it cannot comment on pending litigation."
The lawsuit accuses both the district and First Student of negligence in failing to protect the student.
