If someone assaulted you, would you want to then cheer for his performance on a basketball court? A 16-year-old Texas high school student sure didn’t.
High school football star Rakheem Bolton and two others were indicted for sexual assault of a child–identified only as H.S.–at a post-game party in 2008. According to H.S.–a fellow student and cheerleader at Silsbee High–Bolton, football player Christian Rountree and another juvenile male forced her into a room, locked the door, held her down and sexually assaulted her. When other party-goers tried to get into the room, two of the men fled through an open window, including Bolton, who left clothing behind. Bolton allegedly threatened to shoot the occupants of the house when the homeowner refused to return his clothes.
This from OnPoint:
The cheerleader, identified only as H.S., sued the principal of Silsbee (Texas) High School and other officials after they removed her from the school's cheerleading squad because she refused to cheer for Rakheem Bolton when he took free throws during a basketball game in February 2009. Bolton had allegedly assaulted her at an off-campus party the previous October.
Under Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503 (1969), students cannot be punished merely for expressing their personal views on the school premises unless school authorities have reason to believe that such expression will “substantially interfere with the work of the school or impinge upon the rights of other students.”
“It seems blatantly oppressive for Defendants to condition H.S.’ participation in [the cheerleading] program on whether she cheers for her rapist when he was being individually rewarded for having been allegedly fouled in a game,” her attorney, Larry Watts of Missouri City, Texas, said in a brief. Bolton is no Kobe Bryant and the Silsbee High School team is not the Lakers!”But in a Sept. 16 opinion, the 5th Circuit showed the same indifference to H.S.'s ordeal as the school officials.