SAN MARCO CISD
A local family has sued San Marcos Consolidated Independent School District alleging that the district failed to act after reports of hazing and sexual assault. The district “vehemently denies all allegations made in the court complaint.”
The Rowley family filed a federal lawsuit with the U.S. District Court for the Western District of Texas against the district on Oct. 7. The student’s names were not released because they are minors.
The lawsuit “alleges that SMCISD officials ignored warnings about a hazing culture on the baseball team, failed to act after a locker-room sexual assault, and retaliated against the victim’s older brother by escalating minor discipline into a career-derailing sanction,” according to a press release issued by the family’s legal representatives.
“It is disappointing that we had to turn to the courts,” the family said in a statement issued by their lawyers.
“We went to every level within the District, law enforcement and government we could — San Marcos police, the District Attorney’s office, the Superintendent, our local representative, the Texas Rangers, and even the Texas Education Agency. We were repeatedly promised action — nothing was ever done. Filing this lawsuit became the only way to seek accountability and protect our children, and all children within the San Marcos school district,” the family said.
San Marcos Police Department stated that they investigated the matters referenced in the lawsuit and filed two separate offenses with the Hays County District Attorney’s Office in January of 2025.
“The police department is not named as a party in the lawsuit and has no additional comment to provide at this time,” Nadine Cesak, Communications & IGR manager for the city of San Marcos said.
The Hays County District Attorney’s Office did not immediatly respond to a request for comment.
The school district called the allegations “unfounded.”
“San Marcos CISD is aware of the lawsuit recently filed by a family claiming many unfounded allegations against the District,” Andrew Fernandez, chief of Communications for SMCISD, said. “One of the allegations made is that the Board of Trustees was somehow unresponsive to the Plaintiffs’ alleged injuries. This is false. The Plaintiff ’s attorney failed to submit a Level III Grievance in a timely manner in accordance with SMCISD’s Board Policy FNG (Local), which would have brought the matter to the Board for potential action.”
The district said that the board is scheduled to meet with the family’s lawyers about the lawsuit at the regular board meeting on Oct. 20.
“District Administration always takes all allegations of misconduct seriously and thoroughly investigates any complaints made by parents or students, which is exactly what happened in this case,” Fernandez continued.
“Due to ongoing legal proceedings and student privacy protections, we are limited in what we can share publicly. However, SMCISD vehemently denies all allegations made in the court complaint. The District remains committed to maintaining a safe and respectful environment for every student.”
The press release said that the family “seeks damages for emotional, educational and reputational harm, as well as injunctive relief requiring the SMCISD to correct disciplinary records, reform Title IX practices and protect students from future retaliation.”
“Our clients trusted the district to protect students. Instead, they brushed aside a serious sexual assault, and when the family spoke up, the district punished the brother who came forward. Title IX exists to stop exactly this kind of indifference and retaliation,” said Andrew T. Miltenberg, managing partner of the Nesenoff & Miltenberg law firm, on behalf of the family.
