A federal civil lawsuit has brought renewed scrutiny to Perryton Independent School District and former athletic director Cole Underwood following his criminal conviction for sexually abusing a student. The case, brought by the father of the victim acting in a legal conservatorship capacity, alleges systemic failures within the district allowed grooming behavior to escalate into prolonged sexual abuse that went unreported or insufficiently acted upon despite numerous warnings.
Underwood, who also served as head football coach at Perryton High School, pleaded guilty to federal charges including enticement of a minor and receipt of child sexual abuse material. He was sentenced to 30 years in federal prison in February 2025. The civil case against him and the district continues in federal court in Amarillo, Texas.
Overview of the Allegations
The lawsuit centers on claims that Perryton ISD failed to properly respond to a large volume of reports and warning signs involving Underwood’s conduct with a teenage student. According to filings, more than 50 separate reports or concerns were raised beginning in the spring of 2023 and continuing through 2024. These reports allegedly came from school employees, parents, students, and members of the community.
The plaintiff argues that this accumulation of warnings demonstrates that district leadership either knew or should have known about inappropriate conduct, but failed to intervene in a meaningful way before the abuse escalated.
The lawsuit further alleges violations of constitutional protections under the Fifth and Fourteenth Amendments and claims violations of Title IX, which prohibits sex-based discrimination in federally funded education programs. It also asserts that Underwood’s conduct occurred within the scope of his employment and that he is liable for intentional infliction of emotional distress and gross negligence.
The district disputes these claims, arguing that it did not have sufficient notice of sexual misconduct prior to April 2024, when Underwood was placed on administrative leave following a report from a local pastor.
Timeline of Criminal Conduct and Arrests
Court records and prior reporting show that Underwood’s abuse occurred between late 2023 and mid-2024 while he was employed as athletic director and football coach at Perryton High School. Prosecutors determined that he groomed a 15-year-old student and engaged in repeated sexual contact with her in his school office.
Underwood was first arrested in April 2024 by local law enforcement in Ochiltree County. He was later arrested in June 2024 on federal charges, which expanded to include enticement of a minor, attempted enticement, and possession of child pornography.
Court documents indicate that he engaged in sexual acts with the victim at least ten times on school property during the period of abuse.
Pattern of Reports and Institutional Awareness
A central issue in the civil case is the volume and distribution of reports made within the school system prior to Underwood’s arrest. Attorneys for the plaintiff argue that concerns were widespread and persistent.
Records summarized in court filings show that:
School staff members made multiple reports beginning in August 2023 about inappropriate behavior and concerns involving Underwood and a female student.
Teachers reported disciplinary concerns involving students referring to Underwood in derogatory terms and alleged retaliatory behavior.
Coaches and administrators documented rumors of inappropriate relationships and concerns about favoritism or unusual personal contact.
Community members and parents also reportedly raised concerns about observed interactions, including transportation arrangements and physical contact during athletic events.
Despite this, the lawsuit alleges that only a portion of these reports were escalated to the superintendent’s office, with many remaining at lower administrative levels.
The plaintiff argues that this breakdown in reporting structure reflects systemic failures in compliance with mandatory reporting obligations and Title IX procedures.
Grooming Allegations and Communication Patterns
Court filings describe a pattern of behavior characterized by increasing personal contact, emotional reliance, and boundary violations between Underwood and the student.
Messages between Underwood and a school administrator, included as evidence in the case, are used to illustrate behavioral patterns that attorneys argue reflect grooming tactics. These include repeated concerns by Underwood about whether he was being investigated or discussed by staff, as well as complaints about rumors circulating within the community.
The filings also indicate that Underwood frequently referenced outside individuals who defended him, including members of the victim’s family during earlier stages of the relationship. According to the allegations, this contributed to a perception among some adults that Underwood was acting appropriately, even while concerns were emerging elsewhere.
Investigators and advocacy professionals cited in the filings describe grooming as a process in which an adult builds trust with both a child and surrounding adults to reduce suspicion and gain access. The lawsuit argues that this dynamic was present in Underwood’s interactions with the student and her family.
Snapchat, Social Media, and Prior Employment Concerns
Another significant element in the case involves Underwood’s use of social media communication platforms, particularly Snapchat. Court records indicate that he used messaging platforms that allowed disappearing messages and informal communication, which are prohibited under many school district policies for staff-student interaction.
The filings also reference concerns from his prior employment at Amarillo Independent School District, where his conduct on social media reportedly contributed to disciplinary issues before he later joined Perryton ISD.
Plaintiff attorneys argue that had Perryton ISD obtained and reviewed his prior employment file more thoroughly, it would have revealed patterns of inappropriate communication practices.
The case highlights broader concerns about digital communication risks in schools, particularly the use of platforms that limit transparency and oversight.
The Deleted Messages Controversy
A major point of contention in the lawsuit involves the preservation and deletion of electronic communications between a school administrator and Underwood.
According to court filings, a legal preservation notice was issued to Perryton ISD in May 2024, instructing staff to retain all communications and documents related to Underwood. The district acknowledged receipt of this directive, and the superintendent later issued repeated reminders emphasizing compliance.
However, during later legal proceedings, a junior high administrator admitted to deleting portions of her message history with Underwood. She stated that she believed some messages were not relevant to the investigation, including personal conversations and non-work-related exchanges.
The plaintiff’s attorneys argue that these deletions undermine the integrity of discovery and may have removed potentially relevant evidence. They contend that because the messages cannot be recovered, it is impossible to verify whether they were truly unrelated to the abuse investigation.
The superintendent issued a written reprimand to the administrator and attempted recovery efforts through electronic service providers, but those attempts were unsuccessful.
A federal judge is expected to rule on whether the jury will be instructed to consider the deletion of records when evaluating the case.
District Response and Legal Defense
Perryton ISD denies liability and argues that the evidence does not demonstrate knowledge of sexual misconduct prior to April 2024. The district maintains that while rumors and concerns were reported, they did not amount to formal notice of abuse or a romantic relationship between Underwood and the student.
The district also argues that once actionable information was received, it took appropriate steps, including placing Underwood on administrative leave.
In its legal filings, the district contends that isolated reports or rumors cannot establish a pattern of institutional acceptance of misconduct. It further argues that there is no evidence that additional hiring screening or background review would have predicted Underwood’s criminal behavior.
The defense also references prior court precedent involving school liability in similar contexts, arguing that educators cannot be held responsible for unforeseeable criminal acts of employees absent clear institutional awareness and deliberate indifference.
Legal Question: Knowledge vs. Indifference
A central dispute in the case is whether the school district had sufficient knowledge of risk and failed to act, or whether it responded appropriately based on the information available at the time.
The plaintiff’s legal team argues that the accumulation of reports, even if individually incomplete, collectively established a clear pattern that required intervention. They describe the district’s response as fragmented and delayed, contributing to the continuation of abuse.
The defense counters that the reports were inconsistent, often based on rumor, and did not clearly indicate sexual misconduct until shortly before Underwood’s arrest.
Attorneys for the plaintiff characterize the institutional response as one of indifference, suggesting that warnings were dispersed across staff levels but never properly centralized or acted upon.
Next Steps in the Case
Court filings indicate that a hearing is expected in mid-2026 to determine the trial schedule. Attorneys anticipate that a jury trial could take place later in the year and may last several weeks due to the volume of evidence and witnesses involved.
The court will also rule on several pretrial motions, including disputes over evidence admissibility, deleted communications, and the scope of district liability.
As the case proceeds, it continues to raise broader questions about school oversight, mandatory reporting systems, digital communication policies, and how institutions respond to early warning signs of abuse.
Conclusion
The civil lawsuit against Perryton ISD and Cole Underwood presents a complex record of allegations involving grooming behavior, institutional reporting failures, and disputed administrative responses. While Underwood has already been convicted in federal court, the civil case focuses on whether the school district had enough warning to prevent the abuse and whether systemic breakdowns allowed it to continue unchecked.
