Plainview ISD statement describes South Elementary incident as ‘mutual inappropriate sexual contact’

Source: KCBD Video
Source: KCBD Video
Published: May. 10, 2023 at 7:09 PM CDT|Updated: May. 11, 2023 at 7:26 AM CDT
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PLAINVIEW, Texas (KCBD) - Plainview ISD released a new statement on Wednesday, providing a detailed account of its actions in response to accusations of a sexual assault of a 6-year-old student at South Elementary on Apr. 19.

Law enforcement agents who reviewed the video say “a sexual assault did not occur.” They have called it “mutual inappropriate sexual contact between two 6-year-old students.”

They say the incident happened over 34 seconds and there was “no outcry for help or struggle.”

The release says surveillance video indicates the teacher was not wearing headphones or earbuds at the time of the incident.

The district indicates this investigation has concluded but it doesn’t know what conclusions may be reached by the Hale County DA or the FBI.

The State of Texas does not provide for criminal penalties for children under the age of 10, and public schools are prohibited from expelling or suspending children in 3rd grade or below.

PREVIOUS STORY: Plainview family claims 6-year-old was forced to perform sex acts at South Elementary

You can see the complete statement released by the district below:

The Hale Country District Attorney and FBI Crimes Against Children Agents are in the possession of all investigatory statements, videos, electronic devices, and timelines of an incident at South Elementary School (Plainview ISD).

With the investigation concluded and submitted to the appropriate legal authorities. key findings of the investigation may be made public:

1. Once the video of the incident was identified, law enforcement was contacted immediately and Child Protective Services soon thereafter with a request that a special investigator assist with the investigation.

2. The electronic devices were immediately taken into police custody and placed in locked, evidence lockers.

3. Law enforcement personnel who reviewed the content of the video determined that a sexual assault did not occur, rather, mutual inappropriate sexual contact occurred between two 6-year-old students.

4. The incident was brief (34 seconds) with no outcry for help or struggle.

5. The teacher was not wearing “headphones” or “earbuds” per surveillance video from the hallway to where the teacher was seated at the time of the incident.

6. The same evening the video was found and two 6-year-old students were suspected to be on the video, parents/guardians were contacted to make them aware that inappropriate content was found on an electronic device and CPS would be notified. One parent: guardian answered, and the other was not able to be reached by the campus until the following school day.

7. The Child Protective Services investigator instructed district personnel to not discuss the incident with anyone until he was able to interview each participant in the incident.

8. After the initial interview was conducted by Child Protective Services, the campus administration notified parents that a Child Protective Services Investigator would contact each of them to review the incident with them.

9. After the Child Protective Services hivestigator contacted parents, the principal, assistant superintendent. and superintendent met with parents legal guardians of each student involved in the incident and offered external counseling services.

10. All 6-year-old children involved in the incident are victims and being treated as such due to the occurrence of behaviors that are not typical of 6-year-old students.

We cannot speak to the conclusion of the Hale Country District Attorney or FBI. The law in the State of Texas does not provide for criminal penalties for children under the age of 10, and public schools are prohibited from expelling or suspending children in 3rd grade or below.