AUSTIN, Texas -- The family of a Boone Elementary student is suing the School District, as well as its police chief and detective for Title IX violations.
Attorneys Chad Dunn and Paul Guinn filed the lawsuit in federal court Tuesday related to a sexual assault claim from February. The lawsuit said Austin ISD Police closed the case three weeks after it was reported, but without crucial evidence from a rape kit.
"I don't know why a child of this age, who has made an allegation of sexual assault and a rape kit is performed, is not given some sort of priority," Guinn said.
Guinn said that evidence still hasn't been tested, so the case should still be pending.
"The problem--people have known about it for years, and it has yet to be solved," said Carsten Andresen, a Criminal Justice professor at St. Edward's University. "The conversation should move to: what are the best practices in analyzing those kits in a timely fashion?"
The lawsuit mentioned other assaults that reportedly happend on campus and claims Austin ISD has a pattern of poorly investigating such claims.
They filed the Title IX lawsuit because the attorneys claim the student has been deprived of educational opportunities.
"There is a disturbing pattern emerging from all the conversations, meetings and phone calls I am receiving from these families and others," Guinn said.
The Travis County District Attorney's Office reopened the case last month. Wednesday, officials said they are still awaiting evidence. District Attorney Margaret Moore said the case may be ruled something other than sexual assault, but it's too early to be certain.