OXFORD, Ohio — A former Talawanda Middle School teacher accused of groping a student in class faces a lawsuit. Though, Oxford police and Butler County prosecutors did not file a criminal case against Paul Stiver.
"It's our way of holding him accountable, of holding the school accountable," the father of the student said.
WCPO 9 News did not name the father to protect the identity of the student, who is 13 years old.
"Although we might not be able to actually deprive him of his liberty, we can make sure that justice for the family is reached and this can't happen to another unprotected vulnerable child," said Austin LiPuma, the family's attorney.
Stiver did not answer phone calls or respond to emails from WCPO 9 News. He previously told investigators he did not grope the student.
Last December, the student told Oxford police that Stiver put his hand on her shoulder and then slid his hand down her shirt during a fifth-bell business class. The girl told authorities other students saw what happened.
While police investigated, the Department of Education opened a Title IX investigation into the matter. In their report obtained by WCPO 9 News, investigators wrote that they found a preponderance of evidence that Stiver inappropriately touched the student and violated five policies.
Police interviewed the same witnesses. The investigative report said three witnesses in the classroom did not see Stiver grope the student. One saw "only part of what happened," according to the report. Two others saw Stiver put his hand on the girl's shoulder, the report said. Two witnesses said the student immediately became uncomfortable, according to the report.
The student sent her sister a text message about what happened. That sister got their parents and school administrators involved.
However, with no witness confirming the groping accusation, the Butler County Prosecutor's Office did not have evidence to offer a grand jury, prosecutors said.
What the Talawanda School District did after the Title IX investigation upset the student's family.
"Instead of disciplining this teacher, they allowed him to resign," the father said. "That is what we're not happy with. There was no accountability there. The message that they just gave the public and the kids of the district is hey no matter what you do as long as you say you want to quit, you're not going to be punished for it."
A spokesperson for the Talawanda School District declined comment "as directed by our district legal counsel."
Title IX investigators found the same teacher broke policy five years ago, according to the report obtained by WCPO 9 News. Another former student told police and investigators that Stiver put his hand on her neck and told the girl to stop wearing "low cut tops" and "don't bend over in front of any boys, especially me."
That former student did not want to pursue criminal charges, according to the police report.
LiPuma said the lawsuit he filed on behalf of the most recent accuser is to hold Stiver accountable and perhaps others.
"I'll make this perfectly clear," said LiPuma. "If there is not direct action taken now by the school after a full year of dereliction of duties then subsequent actions will be filed against any and all bad actors that knew and enabled this to occur."
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