By Randy Clopton
Courtesy of the The University of Chicago Undergraduate Law Review

When a school district finds itself in the midst of a sex scandal, the administration must find a way to remedy the situation. Usually, this will consist of firing the offender if he or she works for the district, notifying the authorities, and other such actions to protect the district’s reputation. However, in a recent sex scandal at Homestead High School in Mequon, Wisconsin, there was no one to fire. This past November 3rd, four teenagers, two of whom were below the age of consent, participated in illicit sexual activity on Homestead’s campus. More specifically, a 14-year-old female student gave oral sex to three boys, Deangelo Dantzler, Brent Anderson, and an unnamed 15-year-old boy. Alcohol, which Anderson provided to the girl, was involved in the incident as well. When the district received news of these acts a week later, they “launched a joint investigation into the incident with the school’s police liaison officer,” according to a letter issued by the superintendent, Dr. Demond Means. The investigation determined that the acts were consensual and the boys were booked and released [1]. Later, however, the parties representing the girl insisted that Dantzler and Anderson had forced themselves on her, and are now seeking a monetary settlement with the district, though for what is unclear [2]. This raises the concern that the school district may be at fault, but if so, no clear example of a wrongdoing is immediately evident. Uncovering the true story is crucial to examining the fates of Dantzler and Anderson.
According to the police reports, interviews with the students were conducted in the school by the police liaison officer as well as the assistant principals; two males and one female were present for the interview, potentially overexerting a masculine influence in the interviews. The police report lists three versions of the girl’s story. Initially, she only told the principals and the liaison officer about the oral sex with the 15 year-old boy, adding the contact with Dantzler and Anderson during a re-interview with her father present. Later, she claimed that the acts with Dantzler and Anderson were not consensual [3]. There are a number of potential reasons for the potential victim to recant multiple times: she could have changed her story herself, or her father or the district could have influenced the change.
What is not immediately evident in the police report may be explained by examining the tapes of the interviews; however, as these records are sealed, each situation must be examined separately. If her attorney is correct in stating, “Based on the interview I performed and based on the information I’ve read, she was raped,” [4] then some force may have been preventing her from conveying an honest account of the events, and that force may have been the district administration. While the investigation initially deemed the sexual acts consensual, it is possible that she was pressured into making this claim. The fact that the victim’s father declined a re-interview until the police offered a female police officer to conduct the interview [5], suggesting that the male presence in the first interviews could have influenced her story. If this is all true, the district would have been tampering with the evidence in the case [6] as well as committing official misconduct [7]. While corrupting an investigation is less reprehensible under the law than statutory rape, it nevertheless reflects poorly on the district administration and recalls the history of poorly handled scandals in which the district has been involved, including allowing previous student offenders to continue attending school after being accused.
Alternatively, the victim’s father could have altered her initial story. According to the police report, the girl’s father “became very upset and started to yell ‘Forget about this whole thing, this never happened’ and threw his arms up in the air” when he learned of the consequences related to the incident [8]. After taking the time to talk with her father after these events, she may have accused Dantzler and Anderson of rape at his behest to exact some form of revenge on the boys. On the other hand, her father may not be able to believe that his daughter could have consented to sexual activities and claimed rape, removing the fault from his daughter altogether. Regardless of his motive, the father would be guilty of tampering with evidence if he coerced the alleged victim into changing her story. It is worth noting that if the girl simply changed her story, many of these issues would disappear. As previously stated, her father was extremely frustrated after discovering his daughter’s actions and their subsequent consequences. Convincing her father she was raped would relieve her of blame. However, without the tapes of the interviews, it is impossible to know which story is true.
The shifting account of events remains relevant in this case because it will affect their criminal conviction. According to the police reports, all four actors were charged with second degree sexual assault of a minor, and all but Anderson admitted to the crime. If Dantzler and Anderson forced themselves on the victim, then this would qualify as first degree sexual assault of a minor. The language in statute chapter 948 states that “Whoever has sexual contact with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony if the actor is at least 18 years of age when the sexual contact occurs” [9], If they did not this statute, it would qualify as second degree sexual assault of a minor, a crime which the offender has “sexual contact or sexual intercourse with a person who has not attained the age of 16” [10]. All three boys have committed second degree sexual assault of a minor and face the ramifications presented for a Class C felony, which amounts to up to 40 years in prison, a $100,000 fine, or both [11]. In addition, the girl in this case has the potential to be convicted of second degree sexual assault, as she has maintained that the contact between her and the younger boy was consensual. The statute does not explicitly state that the offender must be over the age of eighteen, and even consensual acts between two underage teens could be interpreted as sexual assault, but convictions in situations like this vary depending on the circumstance [12]. Though the contact with the younger boy was separate from the contact with Dantzler and Anderson, whether or not the alleged victim was raped could play a part in how she will be treated in trial. As a victim, her charges would bear no fruit, but if all the sex acts were consensual, she could be painted as a poor decision-maker worthy of jail time for her actions.
Additionally, the alleged victim and her family are seeking a civil case against the district. In this case, the district could be guilty of failing to fulfill its ministerial duty. In Manning vs. Necedah Area School District (2007), another sexual abuse case, the Wisconsin Appellate Court ruled that the district was immune from prosecution during a child abuse scandal under Wisconsin Statute Chapter 893 due to the fact that the plaintiffs do not allege negligence of a certain ministerial duty in the case against the district. However, this case does cite “a well-established exception to the rule of immunity [which] holds that an officer is liable for damages resulting from the officer’s performance of a ministerial duty,” [13] which in this case, meant that the failure to perform a ministerial duty to report abuse would have removed the right to immunity. In the Homestead case, the district apparently fulfilled its ministerial duty, reporting the abuse and conducting an investigation into the events. However the district may have some fault in this case separate from reporting the incident. Though much at this point is inconclusive, if the girl’s testimony was unduly influenced by external forces, then the district may not have fulfilled its duties. What remains unaddressed is how exactly the district failed in its duties if it conducted an honest investigation. Much like the case against Necadah Area School District, unless the prosecution can provide evidence of misconduct and address it directly, the district has no fault in the action. So far the prosecution has not even stated for what it is seeking damages. A monetary settlement would seem justified if the district were at fault, but otherwise, the district can sit safely behind the legal wall of Statute 893, having done nothing wrong in the eyes of the law.