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Students To Sue Over Sex Scandal

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By KEITH MORELLI, The Tampa Tribune

Published: October 27, 2007

TAMPA - Two Middleton High School students, one described as having a sexual relationship with a teacher and the other suspended after spreading rumors about it, have filed letters of intention to sue the Hillsborough County School District.

Both are victims, said Darryl Rouson, a St. Petersburg attorney who delivered the letters to the school board offices Friday afternoon.

The 16-year-old boy was the victim of a sexual assault by a 33-year-old female teacher, Rouson said. The 15-year-old girl, he said, was victimized by the school when she got suspended after talking about her suspicions.

The threatened lawsuits surround the arrest Tuesday of Christina Lin Butler, 33, a teacher at Middleton High accused of having a three-week sexual relationship with the 16-year-old student.

The district has no comment on the notices of intent to sue, a spokesman said.

In a letter addressed to Superintendent MaryEllen Elia, Rouson wrote that the learning-disabled male student and his mother intended to sue the district for 'permanent personal bodily injuries and psychological injuries' to the teen.

The letter said Butler made romantic advances that led to a sexual relationship with the 'emotionally challenged' youth and that the school principal had learned of the relationship from his other client, but dismissed it as a rumor.

Rouson said Principal Carl Green should have turned the matter over to the district's office of professional standards for an investigation and not ended it on his own. 'In fact,' the letter said, 'it is outrageous that no formal report was ever made by the school officials to the school district.'

Rouson's second letter said he represents Shatavia Kendricks, the 15-year-old girl who had told the administration she suspected a relationship but was suspended after continuing to talk about the issue.

'My client witnessed inappropriate conduct between her teacher, Christina Butler, and another student,' Rouson wrote. 'Ms. Kendricks reported the inappropriate conduct to school personnel including an assistant principal. Her actions were proper and just in telling the truth about what she observed. However, school officials suspended her for spreading rumors and gossiping.'

The letter said Kendricks' mother had 'taught her that it is not 'snitching' to tell the truth about wrongdoing, yet she was punished for doing just that. This is a horrible message for other young children.'

Rouson said later that the district has 'let a lot of parents down.'

Green, the principal, declined to speak with a reporter Friday night.

'I asked him if he was getting a lot of calls from parents, and he said, 'No, not at all,'' school district spokesman Steve Hegarty said. Green also told Hegarty he had not gotten a call from Hillsborough County Commissioner Kevin White, whose daughter attends Middleton High and who had publicly criticized the principal's handling of the incident.

Green likely will not be disciplined, Hegarty said, because there appears to be no violation of school district policy. But he said there are options Green could have - and probably should have - chosen.

When he heard the rumor, Green questioned the teacher and the male student, and both said they had no sexual relationship. Green then suspended Kendricks after she continued to talk about it.

Green 'investigated because of the seriousness of the allegation,' Hegarty said. The principal could have turned to the district's professional standards investigators, but was not required to do so with unsubstantiated accusations.

'No other kids were talking about this, and the people involved were denying it,' Hegarty said.

Butler was arrested this week after the male student involved in the case was stopped by police Tuesday while driving her Jeep Grand Cherokee.

Tampa police said that Butler, called to the scene of the traffic stop, stated they had sex at her home several times over a three-week period.

She has been charged with lewd and lascivious battery. The school district suspended her with pay until the school board can meet to determine her employment status. The next school board meeting is Nov. 6.

She was released from jail after posting $7,500 bail and could not be reached for comment.

News Channel 8 reporter Krista Klaus and Tribune reporter Ray Reyes contributed to this report. Reporter Keith Morelli can be reached at (813) 259-7760 or kmorelli@tampatrib.com.

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