Red Deer Public Schools officials helped exchange student implicated in sexual assault leave country, lawsuit claims

Organizers in a Red Deer Public Schools student exchange program allegedly destroyed evidence of a sexual assault and helped a teen implicated return to Czechia, a lawsuit claims.

A statement of claim filed May 5 alleges that on Oct. 18, 2022 a 17-year-old Red Deer girl was assaulted by a foreign exchange student youth, referred to only as F.D. following a judge’s order, who had been staying at the alleged victim’s family home. The alleged victim’s name is also covered by a publication ban.

The lawsuit claims the victim “was not conscious and she woke up to the assault.”

The next day the girl reported the assault to, and sought guidance from, two organizers with Red Deer Public Schools (RDPS) International Education program and other employees of the school board, including a guidance counsellor, says the lawsuit.

“Following these reports, the organizers of the Program attended the individual Plaintiff’s residence to collect F.D.’s belongings, during which they destroyed the evidence of the assault in the Plaintiff’s room, including a condom that was on the floor,” claims the lawsuit filed by the firm of well-known Red Deer lawyer Donna Purcell.

“The organizers of the Program then facilitated the return of F.D. to the Czech Republic (also known as Czechia) before an RCMP investigation could be conducted and failed to report same.”

The lawsuit names as defendant the employer of the individuals involved, the Red Deer Public School Division’s Board of Trustees. None of the allegations have been tested in court.

Red Deer Public Schools was reached on Monday for comment or a statement of defence.

“Because this matter is before the courts, we are unable to comment,” RDPS responded in an email. 

An RCMP spokesperson asked for comment on the allegations in the statement of claim confirmed on Monday they had received a report of a sexual assault involving two youths.

“Due to the sensitive nature of the file, as well as privacy legislation and the provisions of the Youth Criminal Justice Act, we are unable to release further details beyond saying: following a thorough investigation, the matter concluded without charges being laid,” said RCMP public information officer Const. Cory Riggs in an email.

RCMP said on Tuesday that they were notified of an alleged offence on the morning of Oct. 20, 2022 and the “file was concluded” without charges on July 20, 2023.

The lawsuit says the board was required under the Education Act to “assure that reasonable care is taken for the safety of students within its jurisdiction. The delegated Program was at all times part of its mandate and part of its responsibility.

“The sexual assault, the response to the assault, and the resulting injuries were caused or contributed to, in whole or in part, as a result of the Defendant failing to take reasonable care in all of the circumstances of the case to see that the Plaintiff was reasonably safe while in the presence of the international students assigned to participate in the Program.”

The lawsuit alleges the board failed to require background checks of international students, failed to maintain a safe environment for minors, failed to respond to incident reports or assist in a timely or appropriate manner, or properly qualify or train program staff with regards to safety.

It is also alleged the defendants failed to “properly investigate, oversee, direct and support the Plaintiff once she was assaulted …” while also failing to report the incident to the proper authorities or direct the alleged victim or her family to report the assault. It is also claimed the board misled the family about the steps that were taken to respond to the assault.

The lawsuit claims that as a result of the sexual assault and the “mishandling of its aftermath” the alleged victim tried to commit suicide by overdose, and has suffered from post traumatic stress disorder and other psychological and physical issues, including migraines, flashbacks and sleep disturbances.

The lawsuit seeks $150,000 in general damages for pain and suffering, $125,000 for special damages, including loss of income and earning capacity, as well as other yet-undetermined damages for future cost of care and other expenses. Health care costs of at least $9,888 are also sought.

Purcell also declined to comment while the matter is before the courts. By agreement, no deadline has been set for RDPS to file a statement of defence.