Story by Curtis Walsh – Beaver County Radio News Director. Published June 21, 2023 5:33 P.M.
We have chosen not to identify the students involved in this story, even though one is of the age of 18, as all claims in this incident are currently allegations and no criminal charges have been filed.
(Beaver, PA) A Beaver Area School District student says she was sexually assaulted during gym class in December 2022. Since then, her family says the school district and Police have not handled the situation appropriately. According to Title IX school investigation documents, the female student alleges the incident took place when a senior, 18 year old, male student allegedly approached a female student in 9th grade and forcibly fondled her breast and ran his hand across her back/stomach. The female student says she then reported the incident to her teacher, Ms. Pilarski, who allegedly told her that it might have been an accident or thought she was someone else, or that it might not have happened at all. The student then states that Ms. Pilarski told her another teacher, Ms. Horwatt, witnessed what happened and they’d give her “the weekend to think about things”.
During a Title IX investigation into the matter, the female student said she did not know the male student prior to the incident. He allegedly threw a ball to person and ran across the gym, before touching her. After the incident, she states that he looked at her and ran away without saying anything, displaying a shocked look. The female student said that after Ms. Pilarski talked to the male student, she told her “I’ve known him my whole life, he’s a nice kid”, “I don’t know if you saw something or are living in your moment”, before asking her if she’d made it up.
When the male student was questioned, he was accompanied by legal counsel. He told investigators he had no prior knowledge of, or interactions with the female student prior to the incident. He admitted to investigators that he did put his hand on the female student and may have slid it, which he recognized as being unacceptable. He claims to have mistaken her for his friend, who was the intended recipient of the gesture. He said he did talk to Ms. Pilarski, and told her he didn’t do it, due to being unaware it happened because he thought it was his friend. His attorney claims that the video evidence is subjective, and do not support a finding of forcible fondling. They add that the act was not for sexual intent or gratification, and the police could have chosen to file charges or investigate further but they did not. The attorney for the female student responded by saying he acted purposefully and consciously touched her and fondled her without consent.
According to documented testimonies of school staff, Ms. Pilarski stated that she did not witness the interaction or observe any concerning behaviors of the male student in the past 4 years of having him as a student. She said that after the female student told her what happened, she asked if she needed to go to the nurse or restroom, or what else she may need. She went on to say that she was taken aback upon learning of the incident because she had known the male student a long time, stating that she had no intention of being demeaning towards the female student, but was surprised. Pilarski said while talking with the male student, he told her he didn’t remember touching anyone at any time. She goes on to say that Mrs. Horwatt relayed to her that she saw the students collide from the corner of her eye. Ms. Pilarski relayed this information to the female student on her way to report it to Principal Snowden. She asked the student if it helped her feel better that someone had seen part of the interaction.
Mrs. Horwatt testified that she had known the male student since 7th grade and described him as well behaved. She states that she saw him making an effort to get the ball, hustling across the gym. She says he passed a stationary peer closely, and noticed a strange look on her face afterward. Horwatt also says she was taken aback when learning about the incident from Ms. Pilarski.
Principal Snowden testified that the male student was unsure exactly what happened when he interviewed him. He stated the student was shocked to learn of the allegation. The student agreed it looked bad on video, but said he didn’t touch her on purpose. Mr. Snowden states that he proceeded to meet with the female student accompanied by her parents, along with Officer Blinn. They reviewed the video footage of the incident. Mr. Snowden asserted to the family that the video footage did not match the students’ account. The mother of the female student then allegedly told her daughter that the principal was calling her a liar, before asking Officer Blinn what charges would be filed, in addition to telling the principal she would sue him.
Officer Bo Blinn testified that, in his opinion, the video footage appeared to show a play being made, and the male student stuck his arm out while running past her. He indicated that there was no evidence of intent to support an allegation of sexual assault. A detective from Beaver Police and the DA’s office were then said to review the video, both stating that the interaction appeared incidental. In the police report filed by Officer Blinn, the male student claimed to have been upset with a call, when a runner was determined safe at 1st. The report states that the student had thrown a ball to 1st base and ran past the female student, without stopping.
According to documents, the superintendent of Beaver Area School District, Dr. Holtzman, allegedly suggest to the parents of the female student that, “maybe her was just trying to give her a high five”. The superintendent agreed that the male student had no business touching her.
The investigation report goes on to say that the female student allegedly continued to experience ongoing non verbal and visual sexual harassment. The female says the male student would stare at her “menacingly”, and make sexually suggestive gestures with his mouth. The attorney for the male student says the video footage shows no visual contact, it only shows they crossed paths, but did not interact. The female student states that the “ongoing harassment is severe, pervasive, and objectively offensive”, and creates a hostile environment. She claims to have symptoms of PTSD and fears a subsequent sexual assault. Principal Snowden adjusted schedules to prevent contact between the two students.
An PFA court hearing was conducted on February 3, 2023 that ended in a continuation with terms that stated the two students would have no contact with each other. The hearing is set to resume or be dismissed August 4th. The attorney for the male student went on to say that an encounter took place at Beaver Super the day before the hearing, where the mother of the female student yelled at the mother of the male student.
A formal Title IX grievance was filed in response to evidence by the female student against the male student. Abigail Yochum, Esquire, is representing the complainant.