The Miami-Dade County School Board is being sued in federal court over its response to a teacher’s alleged sexual assault of two junior high school girls.
Plaintiffs Jane Doe 1 and Jane Doe 2, who are sisters and now legal adults but were 13 and 12 at the time of the alleged assault, filed their lawsuit in the U.S. District Court for the Southern District of Florida, Miami Division, April 30.
Both are using pseudonyms, citing facts of “the utmost intimacy” and that they were minors at the time of the alleged assault. They also claim they fear “further psychological injury” if their names are publicly disclosed and that the teacher may seek retaliation against them, as he has been released from jail.
The plaintiffs allege in their 33-page lawsuit against the school board that their claims were “never seriously investigated,” instead they were labeled troublemakers and “not trustworthy” by the school.
“As a result of Defendant School Board’s failure to properly investigate, supervise, and protect female students in response to actual notice of sexual harassment and assault by Tolliver, Defendant needlessly endangered students, resulting in the sexual harassment assault by Tolliver against Plaintiffs,” the complaint states.
Joseph Edward Tolliver was a physical education teacher at Campbell Drive K-8 Center in Homestead, Florida. According to local media reports, he was a former football and track athlete at the University of Miami.
According to the complaint, Tolliver was arrested for sexually abusing a 14-year-old student, and then bailed out. He was arrested once again after the mother of the two plaintiffs reported their alleged abuse to police. That criminal case is ongoing, the filing states.
The lawsuit contends Tolliver’s pattern of sexual harassment and assault began in 2021, when he was Jane Doe 1’s teacher.
He sexually abused Jane Doe 1 “daily” during the 2021-22 school year, until the end of May 2022, on at least 30 occasions, the lawsuit alleges.
Tolliver engaged in one or more of the following: groping Jane Doe 1’s breasts, rubbing his erect penis on her body to simulate sex, kissing, masturbating, talking about the size of his penis, and discussing pornographic videos with her.
He also allegedly “provided and encouraged” her to smoke marijuana and vape pens with liquid that “affected her mental and physical state, which may have been THC.”
Tolliver’s alleged pattern of sexual harassment and assault against Jane Doe 2 also began in 2021, when she was 12 and she was assigned to his classroom for indoor suspension and/or detention.
“Tolliver would close the door to his classroom and sexually abuse Jane Doe 2 on many occasions during the 2021-2022 school year, until the end of May 2022,” the complaint states. “The incidents included: hugging, kissing her on the mouth, groping her buttocks, touching her breasts and talking about the size of his penis.”
Like her sister, Jane Doe 2 allegedly was exposed by Tolliver to pornography, marijuana, and vape pens.
“Upon information and belief, prior to Tolliver’s sexual assault of Jane Doe 1, school officials had actual notice that Tolliver sexually assaulted female students,” the filing states. “The sexual assaults were severe, pervasive, and objectively improper.
“Nevertheless, staff and administrators at the School engaged in a pattern of ignoring or failing to reasonably respond to sexual assault and harassment allegations lodged against Tolliver.”
According to the complaint, “it was common knowledge” among staff – including the school resource safety officer – that Tolliver would close the door to his classroom while minor females were alone with him.
The filing claims that the school’s counselor, Maria Vidales, also discouraged the girls’ mother from pursuing the matter, telling her the girls “should not be believed.”
When their mother did report the incidents to Vidales, the school’s principal in turn expelled the girls and warned if either of them returned to school grounds that police would be called.
“Upon information and belief, Counselor Vidales and/or Principal Gutierrez failed to properly handle the claims of sexual assault and harassment by Tolliver against females in his care, thus allowing Tolliver to victimize more students and failing to maintain a safe environment for students,” the lawsuit states.
The plaintiffs argue the school board ultimately needs to be held responsible for the school and staff’s lack of immediate response to the girls’ alleged abuse.
They contend the board could have instituted “a number of corrective measures,” including investigations into the harassment and assault, immediate removal of Tolliver pending an investigation, immediately reporting the allegations to state and local authorities, and using surveillance equipment to monitor classrooms, among other things.
“Instead, despite receipt of actual notice, the School Board, its agents, and/or its representatives, acted with deliberate indifference by failing to institute any of the aforementioned measures,” the complaint states.
The plaintiffs seek compensatory damages, special damages, attorney’s fees, and other costs.
They are represented by McSweeney Law Firm in Boca Raton.
