Bellingham student accused of sexually assaulting another at school pleads guilty

May 18—The male student previously accused of repeatedly sexually assaulting another student while at a Bellingham high school has pleaded guilty to amended charges.

The 16-year-old student pleaded guilty Wednesday, May 17, to two counts of fourth-degree assault with sexual motivation in Whatcom County Juvenile Court, which is a division of Whatcom County Superior Court. He also resolved two unrelated criminal cases.

The then 14-year-old student was previously facing a charge of one count of indecent liberties by forcible compulsion, which is a felony, for assaulting a then 15-year-old female student in November and December 2021 while they both attended Squalicum High School, The Bellingham Herald previously reported.

The student's charges were amended down as part of an agreed plea deal that resolves all three of his criminal court cases.

"My client is pleased that we have reached agreed resolutions in his cases. I have believed from the beginning of working with him that he was treated unfairly in this matter by a system that has treated him unfairly for almost the entirety of his young life.," Shoshana Paige, his public defense attorney, said in a statement sent to The Herald.

"The offenses he pled guilty to are the offenses that should have been laid from the beginning. Instead, he was grossly overcharged based on a flawed investigation that included relying almost entirely on the recollections of an accuser and her best friend even when facts demonstrated obvious flaws in those recollections, and allowing those individuals to collaborate on their statements to law enforcement. I am grateful to the prosecuting attorneys involved who ultimately resolved these matters in a fair and equitable manner and consistent with the principles of the juvenile legal system," Paige added.

In the sex crime case, he will undergo an evaluation for a special sex offender disposition alternative, which if granted, would allow him to participate in treatment.

The prosecution and defense attorneys are expected to present an agreed resolution at the boy's disposition hearing recommending the special sex offender alternative. The alternative sentence would include two years of community supervision, an anti-harassment no-contact order with the female student and restitution to be determined.

If the sex offender alternative is granted and then later revoked, a manifest injustice sentence of 15 to 20 weeks at a juvenile detention institution will be recommended.

The boy's disposition hearing is tentatively scheduled for July 19.

The Herald has reached out to the prosecutor and the girl's attorney for comment.

Background

Three Bellingham Public Schools administrators were charged in early December for failing to report the female student's sexual assaults, which were brought to their attention nearly a year prior, The Herald previously reported.

Meghan V. Dunham, Jeremy Gilbert Louzao and Maude Chimere Hackney were each criminally cited Dec. 7 in Whatcom County District Court with one count of failure to report, which is a gross misdemeanor.

All three of the administrators have entered not guilty pleas. Gross misdemeanors are punishable by up to one year in jail and a $5,000 fine.

The school district is providing legal defense for the three administrators, which state law mandates for public employers required to report abuse.

All three administrators are mandatory reporters and are required by state law to report any suspected abuse or neglect of a child to law enforcement or the Washington State Department of Children, Youth & Families.

None of the three reported the female student's sexual assaults, The Herald previously reported.

At the time the criminal citations were issued, Louzao and Dunham were serving as assistant principals at Squalicum High School, while Hackney was an assistant principal at Bellingham High School.

All three were reassigned in early January to the school district's Department of Teaching and Learning.

The former Squalicum High School student who has accused the district of mishandling her sexual assault reports filed a federal civil rights lawsuit Dec. 7 against Bellingham Public Schools. The student, who has since withdrawn from the high school and is now attending another school, accused the district in her lawsuit of violating her federal Title IX rights, failing its duty to protect and care for her and neglecting its duties to report the sexual assaults to law enforcement.

She previously sought $1 million in damages from the district before filing the federal lawsuit.

In its January response to the lawsuit, Bellingham Public Schools denied it mishandled the student's sexual assault reports. The district said it took reasonable steps to stop the reported harassment, that the assault allegations contained in the student's lawsuit were not reported to the administrators and that the conduct that was reported to them was not considered abuse or neglect under state law.

The federal lawsuit and all three of the administrators' criminal cases are currently pending, county and federal court records show.

Other cases

The student also resolved his two other unrelated criminal court cases at his Wednesday morning hearing in Juvenile Court.

The court dismissed the case in which he was accused of assaulting a worker with the state department of children and family services.

The boy also pleaded guilty to one count of second-degree possession of stolen property for stealing and crashing a vehicle he found at a Bellingham park. His charges were amended down from one count of possession of a stolen motor vehicle as part of the resolution to all three of his cases.

His punishment for the stolen property case will be folded into the punishment for his sex crime case. He will be required to pay restitution in the stolen property case after it has been determined at an Aug. 23 hearing, the court ordered.

The boy's probation officer said he has been diligently checking in and following his pretrial release conditions. She said the resolution reached for all three of his criminal cases was negotiated for a long time.

"I'm hopeful for (the boy) to be able to move forward positively. He has a lot of potential to do so and I'm confident he'll go through the evaluation process and will be here ready for disposition and ready to go," his probation officer said in court Wednesday.

The boy's social worker added that he is a "really bright young man" and said she hopes to see him go far and "move beyond this because he is a really, really smart guy."

Paige, his defense attorney, echoed the comments from his probation officer and social worker. Paige said Wednesday that since he was placed in a foster home several months ago, he has done "an outstanding job."

Paige said all of the services that will be offered to him will come as part of the July disposition for his sex crime case.

Resources

If you or someone you know is experiencing domestic violence or sexual assault, you can contact the following local resources for free, confidential support:

Domestic Violence & Sexual Assault Services: 24-hour Help Line: 360-715-1563, Email: info@dvsas.org.

Lummi Victims of Crime: 360-312-2015.

Tl'ils Ta'á'altha Victims of Crime: 360-325-3310 or nooksacktribe.org/departments/youth-family-services/tlils-taaaltha-victims-of-crime-program/

Bellingham Police: You can call anonymously at 360-778-8611, or go online at cob.org/tips.

WWU Survivor Advocacy Services at the Counseling & Wellness Center: 360-650-7982 or https://cwc.wwu.edu/survivorservices.

Brigid Collins Family Support Center: 360-734-4616, brigidcollins.org.

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