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Girl also accused in Walker incident

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The parents who say their daughter was the victim of a sexual attack on a Walker Middle School bus earlier this year were not the only ones to make allegations about the incident, according to records.

One of the boys made an allegation against the girl, according to the heavily redacted initial report by the school resource officer and subsequent investigation by a detective obtained Monday by The Tampa Tribune and News Channel 8.

The boy told the deputy that the girl - a special-needs student with cognitive and hearing impairment - "came onto him and took advantage of him."

In May, a lawyer for the girl's parents filed notice they intend to sue the Hillsborough County school district.

The investigation never made it to the Hillsborough County State Attorney's Office after parents signed waivers of prosecution and indicated they were more concerned about the level of supervision on the bus.

"If they sign the waiver," said sheriff's spokeswoman Debbie Carter, "that means the state attorney's office will not prosecute at all."

Detectives investigating allegations of sexual battery determined that the acts involving two boys and a young teenage girl were not coerced and closed the investigation a month later, after the waivers were signed.

A mother of one of the boys told detectives, "They are all children and don't deserve to be charged criminally for this." The report said the mother, whose name was not released because of the nature of the allegations, said she had spoken to the school several times and has met with the other two families involved.

The father of the girl told detectives that he did not want to press charges against any of the children involved, "but he does want to pursue the school board and the school transportation division, because he feels the assistant should have been paying attention to what was going on."

The bus driver, James Foster, and aide Mary Matton, who were supposed to be supervising the students, have been reassigned to clerical duties for the transportation department, school district spokeswoman Linda Cobbe said. The district has an ongoing investigation.

Foster has worked for the district since 2005; Matton was hired in 2007.

Attorneys for the girl say her parents went to see school security officers and administrators and felt their complaints were waved off and ignored.

The mother of the other boy also declined to press charges. "They are just kids," she said in the report, adding that she is angrier "with the school and the bus drivers."

Chris Knopik, an attorney who represents the girl's parents, said it was never the parents' intent to press criminal charges. He said the parents are concerned about the supervision of the children.

"These are special-needs children, they need more supervision," he said.

He added: "Our clients have indicated that there was some discussion with them, that if they pursued this matter criminally, there was some chance that their daughter could be criminally charged."

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