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Attorney for Huntsville victims discusses settlement in Title IX lawsuit

Joey McCutchen, the lawyer representing the victims in the Huntsville sexual assault lawsuit, says a settlement has been approved with the school district.

HUNTSVILLE, Ark. — A year-long legal battle at the Huntsville School District involving allegations of sexual abuse by students is now over. A federal judge approved an agreement Wednesday, Sept. 7, to settle a federal lawsuit against the district on behalf of a student basketball player who was abused by older boys. The settlement is for one dollar and the lawsuit states that the school district will have to admit liability.

Joey McCutchen, the Fort Smith Attorney representing the Huntsville victims, is discussing the settlement reached in the Title IX lawsuit with the school district. 

In July, The Huntsville Board of Education admitted liability in a Title IX case going on since February of last year. The suit concerned the sexual abuse allegations made by Huntsville Junior High School students against male basketball players who were accused of restraining other students while other players placed their genitals on or in the faces of the restrained students.

A settlement request was filed in the fall of 2021, for $1 and for the board to admit liability.

McCutchen says this agreement means the Huntsville School District has admitted to title IX violations because they knew students were being sexually assaulted and did nothing about it. He says there was no criminal investigation into the matter and is now calling for a legislative audit of the Arkansas State Police’s investigative unit.

“The state took zero action and did not investigate even though at least 17 of our children in the Huntsville School District were sexually assaulted. The state refused to investigate these atrocities,” he said.

The settlement also requires Title IX training for certified personnel. Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. 

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