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State takes legal action over sexual assault response

In two separate actions, the state has settled with Ramsey County and is suing a West Metro private school over sexual assault policies

ST PAUL, Minn. — The Minnesota Department of Human Rights announced legal action Thursday involving two institutions — Ramsey County and a private high school in the West Metro — accusing them of failing to protect victims of sexual assault.

"It happens everywhere. It happens in schools, it happens at work," Commissioner Rebecca Lucero said. "We all have an obligation to do better."

The first case from 2013 involves a lifeguard in Ramsey County. According to the state, a 21-year-old supervisor sexually assaulted a 16-year-old girl at a beach — but when the victim reported the assault, the state alleges a superior "took no action" other than telling her to talk to a relative who also worked for the county. The state also claims superiors assigned the victim to work with the supervisor the next year. A senior lifeguard finally took the case to human resources in 2014, leading to the victim's supervisor being terminated and later pleading guilty in court.

After discussions with the state, Ramsey County agreed to a $72,000 settlement and has changed policies to bolster protections of sexual assault victims — including a ban on employees being alone on-site or in a car with underage co-workers. The county has also implemented sexual harrassment-focused training for senior lifeguards and aquatics supervisors, which will begin next May.

"I know they're making steps," Lucero said, "and it's all part of a process that we all need to go through."

In the separate legal case, the Department of Human Rights filed a lawsuit against West Lutheran High School in Plymouth of failing to protect a ninth-grade student in 2014 from sexual assault and harassment. According to the lawsuit, the student's treatment was "severe" and "pervasive," but the principal dismissed her allegations as "made up or drastically exagerrated." 

"They not only failed to act, but also retaliated against her by threatening her with suspension and ultimately not letting her return for her tenth-grade year," Lucero said.

The school declined comment to KARE 11 but referred us to an attorney, who could not be reached on Thursday. 

An attorney for the student's family said they are pleased the lawsuit is moving forward, adding that the victim — now 20 — has suffered significant trauma.

"These are two discrete incidents," Lucero said, "but they demonstrate how pervasive they are everywhere."

Ramsey County also provided a full statement to KARE 11:

Ramsey County is committed to providing a safe, respectful work environment that is free from sexual harassment. We take all reports of abuse seriously and address employee misconduct promptly.

As soon as Ramsey County management learned of this incident in the summer of 2014, we took swift and decisive action.

We immediately suspended, and ultimately terminated, the supervisor involved and notified law enforcement so that the incident could be properly investigated. Ramsey County referred the case to a different prosecutor's office to avoid any potential conflict of interest.

In addition to referring the perpetrator to law enforcement, we implemented policy changes to protect current and future employees and ensure a safe and respectful workplace for all.

Those policy changes included:

Ensuring that all employees are aware supervisors are prohibited from having any kind of intimate relationship with employees under the age of 18.

Prohibiting anyone over the age of 18 from being alone at a worksite or in a vehicle with any employee under the age of 18.

Ensuring that all employees and supervisors are aware of their obligation to immediately report any such relationships and to cooperate with any sexual harassment investigations.

Ensuring that all employees and supervisors are provided copies of and fully trained on our sexual harassment policies.

Ensuring our employees know that failure to comply with such policies, including the obligation to report and cooperate with investigations, may lead to adverse employment consequences up to and including termination.

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